The single judge bench of Justice Alka Sarin of the Punjab and Haryana High Court in the case of Tagore Bal Niketan Senior Secondary School, Karnal Vs Gurnam Singh and Others held that it is trite that the outcome of criminal proceedings has no bearing on a case under the Motor Vehicle Act, 1988, and that this must be demonstrated using the probabilities standard.
BRIEF FACTS
The factual matrix of the case is that the deceased was going on his motorcycle offending vehicle, came from the opposite direction while driving rashly and negligently and at a high speed hit the motorcycle of the deceased. Due to the impact, the deceased fell on the road and suffered injuries. However, the driver of the offending vehicle fled from the spot. Thereafter, the FIR was registered under Sections 304-A, 279, and 427 of the Indian Penal Code, 1860. The claim petition was filed by the claimant. The tribunal held that the factum of the accident has been proved and held the appellant, being a registered owner of the offending vehicle, jointly and severally liable along with the driver of the offending vehicle.
The learned counsel appearing on behalf of the appellant has contended that the documents executed for the sale of the offending vehicle in the favor of the Shri Guru Harkrishan Public School, Noulviwala, and that the appellant has erroneously been held responsible. It was also submitted that the fraud invalidates all legal processes, hence the present award passed by the tribunal was not supported by the law. It is also argued that before the claim petition was filed, the claimants very cunningly became hostile in the criminal case, leading to the driver's acquittal.
COURT’S OBSERVATION
The hon’ble court relied upon the judgment titled Anita Sharma & Ors. vs. The New India Assurance Co. Ltd. & Anr. [2021 (1) RCR (Civil) 200] in which it was held
“22. Equally, we are concerned over the failure of the High Court to be cognizant of the fact that strict principles of evidence and standards of proof like in a criminal trial are inapplicable in MACT claim cases. The standard of proof in such like matters is one of the preponderance of probabilities, rather than beyond reasonable doubt. One needs to be mindful that the approach and role of Courts while examining evidence in accident claim cases ought not to be to find fault with non-examination of some best eye-witnesses, as may happen in a criminal trial; but, instead should be only to analyze the material placed on record by the parties to ascertain whether the claimant’s version is more likely than not true.”
The high court held that it is trite that the outcome of the criminal proceedings has no bearing on a case under the Motor Vehicle Act, 1988 and the same needs to be proven on the touchstone of probabilities. In view of the law laid down, the registered owner of the offending vehicle cannot be absolved of his responsibility.
CASE NAME- Tagore Bal Niketan Senior Secondary School, Karnal Vs Gurnam Singh and Others
CITATION- FAO No.3042 of 2020
CORUM- Justice Alka Sarin
DATE- 20.12.22
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