The judgment established the principle that in motor accident compensation cases, the standard of proof can be based on preponderance of probabilities, and future prospects, even in cases of self-employment, can be reasonably estimated based on legal precedents.

R.M. SAVANT, J.

1. Admit. With the consent of the Learned Counsel for the parties heard forthwith.

2. The above First Appeal challenges the judgment and order dated 19.09.2013 passed by the Learned Member of the Motor Accident Claims Tribunal, Mumbai ("MACT" for short), by which order, the application in question being Application No. 3534 of 2005 came to be allowed and the claimants were held entitled to compensation of Rs. 8,01,000/- which was directed to be paid jointly and severally by the owner of the vehicle and the Insurance Company i.e. Appellant herein.

3. The facts involved in the above First Appeal can in brief be stated thus :-

The Respondent Nos. 1 to 5 herein are the original claimants and are the widow of the deceased one Harendra Singh Lal Bahadur Singh, children of the deceased and the parents of the deceased. The said Harendra was driving a motorcycle bearing No. MH-04-T-7744 on 19.03.2000 from Mumbai towards Panvel. A motor truck bearing No. MH-04-H-1137 came from the Poynad side of the Panvel-Mumbra road and proceeding towards Virar in fast speed and in a rash and negligent manner knocked down the said Harendra. As a result the said Harendra sustained serious injuries and was removed to the MGM, Kamane hospital but he succumbed to the injuries in the hospital. The accident was reported to the Taloja Police Station by PSI Yashwant Chawan and upon his report offence was registered at Taloja Police Station being C.R. No.32 of 2000 against the driver of the truck. The said offence was registered under Section 304A, 279, 338 and 427 of the I.P.C. During the course of the investigation, the investigating officer drew spot panchanama, inquest panchanama and recorded statement of the witnesses. The doctor who conducted the autopsy of the deceased gave the reason of the death of the deceased as 'Cardio respiratory failure due to head injury neurological shock due to vehicle accident'. The Applicants thereafter filed instant Application No.3534 of 2005. After narrating the aforesaid incidents in the said application, it was the case of the Applicants that the deceased Harendra was 35 years of age and was doing business of crane hiring and earning Rs. 5000/- per month. It was further the case of the Applicants that due to the accidental death of the deceased, they have sustained heavy financial loss and mental agony. They therefore prayed that they be compensated in the sum of Rs. 7,00,000/- and that the insurer and the owner of the vehicle be held jointly and severally liable for the same.

4. In the proceedings before the Trial Court the owner of the vehicle who was the opposite party did not appear and therefore the claim was proceeded ex-parte against him.

5. On behalf of the Insurance Company a written statement came to be filed wherein the case of the Applicants was denied that the accident took place on account of the rash and negligent driving of the driver of the truck in question and it was sought to be contended that the deceased was driving the motorcycle No. MH-04-T-7744 in a rash and negligent manner. On the basis of the pleadings on record, the Trial Court framed two issues which were inter-alia to the following effect :-

"1. Whether the applicants prove that deceased had sustained severe injuries on 19.03.2000 at about 5.30 hrs at Village Dharna, on Panvel-Mumbra Road, Opposite Hotel Goodluck on account of rash and negligent driving by driver of offending vehicle bearing No. MH-04-H-1137 death of deceased was caused?

2. Whether applicants are entitled to claim compensation as prayed for? If yes, from whom and what order?"

6. The claimants led their evidence in support of their assertions. The Applicant No.1 examined herself and produced certified copies of the FIR at Exh.21, spot panchanama at Exh.22, inquest panchanama at Exh.23, copy of insurance policy at Exh.24, cause of death certificate at Exh.25, original death certificate at Exh.26, Ration Card at Exh.27, certified copies of Income Tax Returns