IMPORTANT POINT
Death in motor accident – Rule of evidence to prove charges in a criminal trial cannot be used while deciding application under Section 166 of Motor Vehicles Act, 1988 which is summary in nature.

JUDGMENT :

HEMANT GUPTA, J.

1. The legal heirs of deceased Dinkar Shankarrao Ghorpade are in appeal against an order passed by the High Court of Judicature at Bombay on 14.12.2018 whereby, the award passed by the Motor Accident Claims Tribunal awarding a sum of Rs.8,90,000/-along with interest @7% p.a. was set aside.

2. The deceased was driving motorcycle bearing No. MH-20/AD-956 on 1.6.2007 when Maruti-800 Car bearing No. MH-41/C-1777 came from the opposite direction and dashed into the motorcycle of the deceased as per the appellants. The deceased and appellant No. 1 received serious injuries. The deceased was thus admitted in a Government Hospital (Ghati Hospital). On 2.6.2007, the deceased was shifted to Kamal Nayan Bajaj Hospital but he died on 25.6.2007. The cause of death was head injury.

3. Appellant No. 1 lodged a complaint on 2.7.2007 where an FIR was registered against unknown vehicle and unknown driver. It was on 20.8.2007, the registration of the offending vehicle and the names of the driver and the owner of the vehicle were informed. Thereafter, the Police started its investigation and charge sheeted the driver Sanjay S/o Ramesh Sonwane.

4. On account of death of the deceased, an application under Section 166 of the Motor Vehicles Act, 1988 for grant of compensation was filed on 8.5.2009. The owner of the vehicle denied the accident. It was stated by the owner in his written statement that the driver -Sanjay was never engaged by him and there is no relation of employer and employee between them. The driver neither filed written statement nor appeared as witness. The Insurance Company did not lead any evidence.

5. After considering the evidence of appellant No. 1, Janabai (PW-1) and the statement of owner -Chudaman Vanji Patil, the learned Tribunal, in the absence of any salary certificate, assessed the income of the deceased as Rs.10,000/-and after deducting 1/3rd salary towards personal expenses, assessed the monthly expenses as Rs.6,670/-. The multiplier of 11 was applied. A sum of Rs.2,000/-towards funeral expenses, Rs.5,000/-towards loss of consortium, Rs.2,500/-towards loss of estate was awarded, thus, a total sum of Rs.8,90,000/-was assessed as compensation. The learned Tribunal held that the accident occurred by the vehicle owned by the owner, when the following finding was recorded:

“…He admitted that, Cr. No. 58/2007 was registered against driver of his car and charge-sheet was filed against respondent No.3 Sanjay. Police has seized his car and it was returned as per the order of the Court. He admitted that, he had not filed any proceeding to quash the FIR against Sanjay. He further deposed that he had taken bail of Sanjay in the said crime. The Bail Application and surety and 7/12 extract are at Exhs.68, 69 and 70. It is to be noted that, in the examination-in-chief, Chudaman Patil has stated that he is not concerned with respondent No.3 and respondent No.3 was not serving as a driver with him. However, the bail application form at Exh.68 shows that, Chudaman Patil i.e. respondent No.1 remained surety for respondent No.3 Sanjay Sonavane and it is mentioned that accused is the driver of the surety's vehicle. It clearly shows that, respondent No.1 deposed falsely before the Court that, he was not concerned with respondent No.3. It is also to be noted that, neither respondent No.3 nor respondent No. 1 had filed any petition for quashing the FIR. Police carried out the investigation and thereafter filed the charge-sheet against respondent No.3. So, it clearly shows that, Maruti Car bearing No.MH-41/C-1777 was involved in the accident and gave dash to the motorcycle of deceased and caused the accident. Respondent No.3 drove the Maruti Car rashly and negligently….”

6. However, in an appeal filed by the Insurance Company, the High Court did not accept the findings that the accident was caused by the car owned by