Motor accident claims are decided on the principle of preponderance of probability rather than proof beyond reasonable doubt. Minor procedural omissions in initial reports do not invalidate a claim if substantive evidence effectively links the vehicle to the accident.

Judgment :

Biswaroop Chowdhury, J.

1.The appellant before this Court was an opposite party in a case under Section 166 of the Motor Vehicles Act 1988 and is aggrieved by the Judgment and Award dated 19th May 2023 passed by Learned Additional District Judge Fast Track Court Durgapur in MAC Case No-62 of 2019.

2. The case of the claimant/respondents nos. 1 to 3 may be summed up thus:

3. The victim Somnath Dhar was proceeding towards house from City Centre side on foot. While he reached near Bajrangbali Mandir Paschim Para at that time one Four wheeler Maruti Omni bearing No-WB-40 AA/5998 coming with high speed rash and negligent manner dashed behind the victim. As a result the victim was seriously injured and died at Hospital. Due to rash and negligent driving by the driver of the said Maruti Omni the accident took place.

4. Pursuant to the filing of the case notice was issued upon the opposite parties. Opposite party vehicle owner although filed written statement but did not contest the case. Opposite Party New India Assurance Company Limited filed written statement and also obtained leave under Section 170 of the Motor Vehicles Act 1988 and contested the case. ISSUES were framed and evidence was adduced. By Judgment and Award dated 19th May 2023 Learned Additional District Judge Fast Track Court Durgapur was pleased to dispose of the claim case by observing and directing as follows:

5. ‘Hence it is ORDERED that the application under Section 166 of the MV. Act 1988 is allowed on contest against the opposite party No. 2/New India Assurance Co. Ltd. and ex-parte against the rest. There shall be no order as to costs. The petitioners namely 1) Manisha Dhar (wife of the deceased), 2) Monti Dhar (son of the deceased). And 3) Bholanath Dhar (Father of the deceased) being the ‘Legal Representative in view of the decision reported in 2020 (1) TAC 675 (S.C) National Insurance Co. Ltd. versus Birender and others ) shall get award from the opposite party no. 2, New India Assurance Co. Ltd sum of Rs. 10,1,13,440/- (One crore one lakh thirteen thousand four hundred forty) only as compensation along with 6% simple interest per annum on the said amount to be calculated from the date of filing of this case, i.e. from 02-04-2019 till the actual deposit of the amount.

6. The Opposite Party no. 2 is hereby directed to pay the aforesaid amount of compensation along with the interest to the claimants by issuing separate A/C payee cheques in the manner here-in-below within one month from the date of delivering of Judgment as follows:-

1. In the name of Manisha Dhar (wife of the deceased) amounting to Rs.33,97,813/- (Rs. 33,57,813/-+Rs. 40,000/-) (Rupees thirty three lakh fifty seven thousand eight hundred thirteen only) along with interest as ordered;

2. In the name of Manisha Dhar (share of minor son, Monti Dhar)amounting to Rs. 33,57,814/- (Rupees thirty three lakh fifty seven thousand eight hundred fourteen only) along with interest as ordered and

3. In the name of Bholanath Dhar (father of the deceased) amounting to Rs. 33,57,813/- (Rupees thirty three lakh fifty seven thousand eight hundred thirteen only) along with interest as ordered and The Opposite Party no-2 is hereby directed to pay the aforesaid amount of compensation along with the interest to the claimants by issuing three separate A/C payee cheques in the names of the claimants as mentioned here-in-above within one month hereof, failing which the Petitioners would be at liberty to take steps in accordance with law to have the