Recording of Evidence - Court did not Exhibit the Document - Procedural lapse - Could not be made reject Compensation Claim under MACT Act – Held – Compensation Rs. 11,27,920/- : SC

Recording of Evidence - Court did not Exhibit the Document - Procedural lapse - Could not be made reject Compensation Claim under MACT Act – Held – Compensation Rs. 11,27,920/- : SC

Supreme Court held that appellants were able to prove the factum of the accident so also the factum of rash and negligent act of the driver causing the accident. It is also proved that the offending Truck was insured with respondent No.1 at the time of the incident and was owned by respondent No.3.

New Delhi: November 16, 2018.

The bench of Supreme Court Abhay Manohar Sapre(J) & Indu Malhotra(J) held that the even if document not be exhibited the compensation claim petition could not be made Reject/Dismiss.

Short brief of Case is, In the case of Vimla Devi & Ors. Vs. National Insurance Company Limited & Ors. Civil Appeal No. 11042  Of 2018 (S.C), the originally award passed by the MACT Chomu(Jaipur) in MAC Case No. 48/2005 by dismissing and same is affirmed by the High Court of Judicature for Rajasthan Bench at Jaipur in SBCMA No. 1738/2007 on 23.03.2015. thus this appeal arises. One Rajendra Prasad aged around 25 years was traveling in the year 2003 as passenger of Bus as its bona fide passenger, during the traveling one Truck which is very high speed and dashed against bus and claimant Rajendra Prasad sustained grievous injuries which resulting death of claimant Rajendra Prasad, claimant who is wife of the Deceased and two minor children file compensation claim Before Tribunal under M.V. Act, Section 166, again the subsequently 1. An insurance company, 2. A driver, 3. Owner of the Offending Vehicle Truck.

The Claimants Examined three witnesses in support of their case. The Insurance company did not examine any witness. So far as the driver and owner of the offending Truck are concerned, since inception both remained ex-part in the proceedings, by dismissing the claimants claim on 05.12.2005 the Tribunal was held that claimants filed the document but since those documents were not exhibited, the insurance company could not cross-examine the claimants witnesses on the documents. In short Claimants failed to prove the accident. Thereafter claimants filed Appeal before the High Court for Rajasthan Bench at Jaipur, and same is dismissed by the High Court.

The Supreme Court by taking a wide approach in Motor Accident Compensation Cases says that the act is a beneficial piece of legislation enacted to give solace to the victims of the motor accident who suffer bodily injury or die ultimately, the Court also define Section 158,166,169 of the act, and various citations of the Supreme court.

The Supreme Court finds 1. Claimants herein Appellant had adduced sufficient evidence to prove the accident and the rash and negligent driving of the driver of the offending vehicle, 2. Filed material documents, 3. Established the identity of offending vehicle’s  Driver, Owner, Insurer, Period of coverage, FIR details.

So far as the driver and owner of the offending vehicle concerned both have remained ex-parte since inception, where insurance company also did not examine any witnesses to rebut the appellant's evidence. on other hand Appellant examined three witnesses and thereby discharged their initial burden to prove the case. Hence Court observes that “we are of the considered opinion that the appellants were able to prove the factum of the accident so also the factum of rash and negligent act of the driver causing the accident. it is also proved that the offending truck was insured with respondent No.1 at the time of the accident and was owned by respondent No.3”

The supreme Court set-aside the H.C order and held that Rajendra Prasad was the only bread earner over family beside the wife and two minor children, as documents produced by the Appellants and assigned by the court Rs. 5000/- monthly income considered and awarded the total compensation after all necessary calculation Rs. 11,27,920/- with 6% annual interest from the date of claim petition till realization.