IMPORTANT POINT
Standard of proof beyond reasonable doubt cannot be applied while considering petition seeking compensation on account of death or injury in a road traffic accident.

JUDGMENT

NAGARATHNA J.

Leave granted.

2. The Appellant herein is aggrieved by the quashing of the opinion formed as per final report in pursuant to the further investigation in Crime No.1/2015 registered at Chathannoor Police Station, by the High Court in its order dated 31.03.2022.

3. Briefly stated the facts are that an FIR bearing No.01/2015 was registered by the complainant against the Appellant’s son before the Chathannoor Police Station invoking Sections 279 and 304A of the IPC. The FIR stated that on 01.01.2015, at around 2.15 am, Appellant’s son, Nixon Abey Matthew, aged 20 years, was driving a Maruti Alto car bearing No. KL 2 AC 1370 through the Kollam-Thiruvananthapuram National Highway from East to West direction on the left side of the road, along with his friends. When the car reached Seemati, Chathannoor, a gas tanker lorry bearing registration No. KL 39 C 4577, driven by Ramar in an utmost rash and negligent manner, hit the Maruti Alto car and in the said accident, Appellant’s son and five others travelling in the car died. Claim petitions have been filed by Respondent No.1 herein and other legal representatives of the deceased passengers in the car before the Motor Accident Claims Tribunal, Kollam seeking compensation for the death of their kin on whom they were dependent. Respondent No.1 herein also has filed a claim petition in which the deceased son of the Appellant was named as Respondent No.4 and the driver of the tanker lorry, Ramar, is named as Respondent No.2. The said claim petition is also pending.

4. A final report was filed by the Assistant Commissioner of Police in the case arising out of FIR No.1/2015. It was also mentioned in the chargesheet that the charges against the Appellant’s son had abated as he died in the accident. However, on the basis of the complaint made by the Appellant herein regarding irregularities in the conduct of the investigation, the District Police Chief, Kollam, directed the Assistant Commissioner of Police, Chathannoor to undertake a thorough investigation in the matter and further investigation commenced in the matter by the order of the JMFC, Paravur, Kollam under Section 173(8) of the CrPC and the final report was to be filed in accordance with law. It is also necessary to mention that the claim petition filed by the Appellant herein is against the owner and driver of the tanker lorry which is said to have collided with the Alto car driven by his son, as also against the insurer of the tanker lorry alleging negligence on the part of the driver of the tanker lorry. This claim petition is also pending.

5. The Assistant Commissioner of Police took over further investigation of the case and submitted a final report before the JMFC, Paravur, Kollam, stating that the incident was an unavoidable accident; that the incident had occurred because the Appellant’s son’s Alto car was trying to overtake a pick-up van and the driver of the van did not give way, and as a result, the car hit the van and thereafter collided with the tanker lorry. The final report dated 29.11.2019 is stated to be contrary to the earlier report dated 27.01.2016. It was stated in the final report that the incident was an unavoidable accident, not attributable to negligence on the part of the Appellant’s son.

6. Being aggrieved by the said final report, Respondent No.1 herein filed a petition under Section 482 of the CrPC before the Kerala High Court praying that the investigation report dated 29.11.2019 be quashed. The said petition itself was filed two years from the date of the final report. The High Court, by the impugned judgment dated 31.03.2022, has allowed the petition filed by Respondent No.1 and quashed the final report dated 29.11.2019 wherein it has been observed that the incident was an unavoidable accident, not attributable to negligence on the part of Appellant’s son. Being aggrieved by the quashing of the said report, the present appeal has been preferred.

7. We have heard learned counsel for the A