New India Assurance Co Ltd. vs Neelam Singh & Ors.

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*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                           Judgment delivered on: 26th November, 2013

+                         MAC. APP. No.162/2012

NEW INDIA ASSURANCE CO LTD.                  ..... Appellant
             Represented by: Mr. Sameer Nandwani,
                             Advocate.

                          Versus

NEELAM SINGH & ORS.                                   ..... Respondents
             Represented by:           Mr.R.K.Giri, Advocate.

CORAM:
HON'BLE MR. JUSTICE SURESH KAIT

SURESH KAIT, J. (Oral)

MAC. APP. No.162/2012

1. The present appeal is preferred against the impugned award dated 07.09.2011, whereby the learned Tribunal has granted a compensation of Rs.18,01,050/- with interest at the rate of 7.5% per annum in favour of the respondents/claimants from the date of filing the claim petition, i.e., 18.10.2008 till its realization minus the period from 09.09.2009 to 17.02.2010 in terms of order dated 09.09.2009.

2. Learned counsel appearing on behalf of the appellant/Insurance Company submits that for a claim petition under Section 166 of the Motor Vehicles Act, 1988, the claimants have to prove the negligence on the part of the driver of the offending vehicle. He submits that in the MAC.APP No.162/2012 Page 1 of 5 present case, no eye witness has been examined by the claimants to prove the negligence, despite that the learned Tribunal has awarded the compensation noted above.

3. Brief facts of the case are that on 21.07.2008, Shri Surjeet Singh, i.e., the deceased started from his house at 7.30 am on his motorcycle bearing registration No.DL-1SP-5505. When he reached near Mehsana Road, P.S. Kalol, District Mehsana, Gujarat, the offending vehicle bearing registration No.GJ-07Z-9416, TATA HGV driven by respondent No. 5 in a rash and negligent manner had hit the deceased, as a result thereof he died on the same day.

4. Issue No. 1 framed by the learned Tribunal vide order dated 08.11.2010, reads as under:-

"Whether the deceased Surjeet Singh, aged about 36 years, died in an accident occurred on 21.7.08 at about 7:30 am on the road Near Suzuki Synthetics Pvt. Ltd., Survey No.78, B/h. Asiain Tubes Ltd., under PS Kalol Distt. Mehsana, Gandhinagar, Gujarat due to rash and negligent driving of R1 of offending vehicle GJ-07Z- 9416? OPP"

5. PW1, Smt. Neelam Singh/ respondent No. 1, i.e., wife of the deceased in her examination-in-chief by way of affidavit Ex.PW1/A has deposed that on 21.07.2008, the deceased started from his house at 7.30 am on his motorcycle bearing registration No.DL-1SP-5505. When he reached near Mehsana Road, P.S. Kalol, District Mehsana, Gujarat, the offending vehicle bearing registration No.GJ-07Z-9416, TATA HGV driven by respondent No. 5 in a rash and negligent manner had hit the MAC.APP No.162/2012 Page 2 of 5 deceased. Due to which he died in SAL Hospital, Ahmedabad, Gujarat, on the same day.

6. For the aforesaid accident, FIR bearing No. 197/2008 was registered against the respondent No.5 at P.S. Kalol, Gujarat.

7. PW2, ASI Bhupinder Singh Prithvi Singh, Investigating Officer of the case has proved the records of the criminal case as Ex.PW2/1 to PW2/31.

8. On perusal of the said records, it is established that all the witnesses have supported the case of the claimants.

9. Moreover, the claimants have placed on record the certified copies of the FIR and the challan as well. As per the challan, the accident in question has taken place due to rash and negligent driving of the respondent No.5, i.e., driver of the offending vehicle who is facing trial in a criminal case before the Trial Court in Gujarat.

10. It is clear from the post-mortem report that injuries were of the nature, which could have been caused due to the road traffic accident.

11. PW1 Smt. Neelam and PW2 ASI Bhupinder Singh Prithvi Singh, both have stated that the accident took place due to rash and negligent driving of the driver of offending vehicle bearing registration No.GJ- 07Z-9416.

12. Admittedly, the evidence under the Motor Vehicles Act, 1988, being a welfare legislation is not required to be proved like civil and criminal cases beyond reasonable doubt.

13. Moreover, a criminal case is pending against the respondent No.5, i.e., driver of the offending vehicle. PW1 and PW2 have proved the criminal record by filing certified copies of the chargesheet, wherein statements of the various witnesses have been recorded. Therefore, while relying upon the criminal case record, it is held by the learned Tribunal that the accident in question was occurred due to rash and negligent driving of driver of the offending vehicle, i.e., respondent No.5.

14. Undoubtedly, under Section 166 of the Motor Vehicles Act, 1988, the accidental negligence has to be proved either by the eye witnesses or by producing the relevant record.

15. In the case in hand, the claimants have placed on record the certified copies of the criminal case, wherein statements of the witnesses have been recorded. Moreover, the Investigating Officer of the case has been examined, who has deposed that respondent No.5, i.e., driver of the offending vehicle is facing trail in the criminal case pending before the Court in Gujarat.

16. Additionally, requirement of proof in the present proceedings being under the Welfare Legislation are altogether different from the civil and criminal cases. Therefore, I do not find any discrepancy in the impugned order dated 07.09.2011 passed by the learned Tribunal.

17. Consequently, finding no merit in the instant appeal, the same is dismissed.

18. Accordingly, the Registry of this Court is directed to release the statutory amount of Rs.25,000/- in favour of the appellant/Insurance Company and the balance compensation amount along with upto date interest accrued thereon shall be released in favour of the respondents/claimants.

CM No. 2712/2012 (for stay) With the dismissal of the appeal itself, this application has become infructuous. The same is accordingly dismissed.

SURESH KAIT, J.

NOVEMBER 26, 2013 sb MAC.APP No.162/2012 Page 5 of 5