What is the standard of proof for deciding motor accident claim petition?

 The Hon'ble Apex Court in case of Anita Sharma Vs. New India Assurance Company, MANU/SC/0928/2020 : 2020:INSC:685 : (2021) 1 SCC 171, has held that nature of proceedings under Section 169 of Motor Vehicles Act are in the nature of summary proceedings and that strict principles of evidence and standard of proof like criminal trial are inapplicable. It is further held that the standard of proof on preponderance of probabilities would apply to such cases. The Hon'ble Apex Court expects form the Court to analyse the material placed on record to ascertain whether the claimant's version is more likely than not true. {Para 10}

11. No doubt, the initial burden is on claimants to prove the factum of occurrence of accident as well as negligence on the part of the driver of offending vehicle in order to make owner and insurer thereof liable for payment of compensation arising out of such accident. Here in this case, claimant No. 1 examined herself at Exhibit 23. She deposed about the accident and registration of First Information Report as well as filing of charge-sheet against the driver of Tavera jeep. Certified copies of First Information Report, Post Mortem notes (Exhibit 33), registration of vehicle bearing No. MH 26 V 4866 (Exhibit 36) and insurance policy (Exhibit 37) collectively are the part of record. In the cross-examination, no doubt, she admitted to have not witnessed occurrence of the accident however, there is nothing elicited in her cross-examination in order to create doubt about the document sought to be placed on record. Exhibition of these documents is not objected at stage of trial nor any doubt is created in respect of the same by effectively cross examining claimant No. 1. The owner has failed to cross-examine this witness. Whereas, on behalf of insurer, there is even no suggestion made to the witness that the driver of Tavera jeep was driving the vehicle by taking utmost care and the vehicle was not driven in excessive speed. Further, there is no suggestion to the effect that the accident has occurred due to mechanical fault or fault on the part of the other vehicle. Moreover, the genuineness thereof has not been challenged, except vague suggestion that by managing police, First Information Report is reported against driver of offending vehicle. The First Information Report is lodged by the police personnel at place far distant from the residence of the claimants. In such circumstances, there is no reason or justification to hold that it is registered at instance of claimants to seek compensation.

12. It is trite that claim petition is not to be tried as criminal proceeding wherein strict proof of the fact is required. In any enquiry for determination of compensation, claimants are expected to prove their case on preponderance of probabilities. First Information Report indicates that offence was registered against the driver of the offending jeep. There is nothing on record to indicate First Information Report being challenged by any one or quashment thereof is sought. In absence of any evidence to prove otherwise, the evidence on record is sufficient to hold that the accident has occurred due to negligence of the driver of offending jeep. The findings recorded by learned Tribunal with regard to the negligence therefore deserves no interference.

IN THE HIGH COURT OF BOMBAY (AURANGABAD BENCH)

First Appeal No. 4258 of 2017

Decided On: 09.01.2024

The Oriental Insurance Company Ltd. Vs. Pallavi and Ors.

Hon'ble Judges/Coram:

R.M. Joshi, J.

Citation:  MANU/MH/0129/2024,2024:BHC-AUG:315.

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