The relaxed onus of proof on the claimant in motor accident cases, as per the Motor Vehicles Act, 1988.

JUDGMENT

Navin Chawla, J. (Oral)

1. This appeal has been filed challenging the Award dated 03.11.2017 passed by the learned Motor Accidents Claims Tribunal (Pilot Court), Karkardooma Courts, Delhi (hereinafter referred to as the learned `Tribunal') in MACT Case no.120/17, titled Shiv Charan v. Gulfam Khan & Ors., by which the claim petition filed by the appellant herein has been dismissed by the learned Tribunal, holding as under:

"11. Before adjudicating the facts, it is vehemently argued by the Ld Counsel for the insurance company that the claim petition filed by the petitioner is not maintainable and this petition should be dismissed as petitioner has not proved the criminal records, any injury by way of medical records/medical bills as well as involvement of vehicle driven by respondent No. 1. It is vehemently argued by the counsel for the respondents that the petition is liable to be dismissed as the petitioner failed to prove any negligence of the respondent No.1. The arguments of the ld. Counsel for respondents appears to have substance."

2. The learned counsel for the appellant submits that the accident in question had occurred when the claimant along with his friend- Dharminder @ Dharam Singh was going towards Bhagpat, UP for some work on the motorcycle bearing registration number DL5R 5623, and had met with an accident with a truck bearing no. HR55W 0193. He submits that Mr. Dharminder filed his own claim petition before the learned Motor Accidents Claims Tribunal, East, Karkardooma Courts, being MACT case No.51/17. In the said claim petition, by the Award dated 27.04.2019, the learned Tribunal held as under:

"11. It is further observed that technical inspection reportEx.PW4/D also-makes it clear that left side of the bumper of the offending vehicle got scratch in the accident. It is also not disputed that offending truck had hit the motorcycle from back side. Though, it has been alleged by respondent no. 1&2 that the accident had-happened due to rash and negligent driving of the motorcycle but it has not been explained as to how the motorcycle was responsible for accident. In view of above, it becomes clear that offending truck was being driven in rash and negligent manner and was responsible for the accident."

3. The learned counsel for the appellant submits that the Award dated 27.04.2019 passed in MACT Case No. 51/17 was challenged by the respondent no.3 herein, by way of an appeal, being MAC.APP. 666/2019, inter-alia challenging not only the involvement of the offending vehicle, but also the finding of the same being driven in a rash and negligent manner, resulting in the accident. This Court however, vide its judgment and order dated 01.08.2019, dismissed the appeal, observing as under:

"3. Referring to the affidavit of the injured Dharmender and his cross examination, wherein he admits that the place where the accident happened was littered with gravel, Ms. Raman, the learned counsel for the appellant, submits that it is, therefore, possible that the injured had fallen/skidded on the gravel as a result of his driving at a high speed and thus injured himself grievously. Alternatively, he should have stopped and/or slowed the vehicledown, which could have prevented the alleged accident by skidding. In either case, there would be contributory negligence by him and some of the awarded amount should be deducted. The said argument is untenable because gravel could be of any size, it does not necessarily mean that the person should stop his vehicle or that motorcycle cannot be driven on gravel.What was the size of the gravel, how far or how loosely it was littered? Was it so dangerous that the rider should have slowed down entirely? All these aspects are not in the realm of the present examination because it was for the Insurance Company to have brought evidence to show that the rider of the motorcycle was driving in a rash and negligent manner and thus contributed to the unfortunate debilitating accident. What is pla