IMPORTANT POINT
The acquittal of a driver in a criminal case does not negate civil liability for negligence established through sufficient evidence.

JUDGMENT :

NEENA BANSAL KRISHNA, J.

1. An Appeal under Section 173 of the Motor Vehicle Act, 1988 has been filed on behalf of the Insurance Company against the Award dated 03.06.2016 vide which the compensation in the sum of Rs.44,29,680/-along with interest @ 9% per annum has been awarded to the Respondent No.1 and 2 on account of the demise of Dr. Manoj Kumar, aged 39 years, husband of Respondent No.1 Smt. Meeta Sharma.

2. The Insurance Company has challenged the Award on the following grounds :

(i) the FIR in regard to the accident was recorded against the unknown vehicle after about one year on the statement of PW3 Ashok Kumar; and

(ii) the Notice under Section 133 Motor Vehicle Act was given to one Shri Satish Kumar Sharma, even though the registered owner of the vehicle was Shri Brahmanand.

3. It is argued there is no cogent explanation forthcoming as to why Shri Ashok Kumar the alleged eye witness approached the Police after one year.

In fact, the number of the offending vehicle was not known as it was a “hit and run” case, but subsequently the alleged offending vehicle has been involved only for the purpose of claiming compensation.

4. It is further submitted that though PW3 Ashok Kumar and PW5 Sh. Surender Pandey who had taken the injured to the hospital have been examined, but from the circumstances as detailed, it is quite evident that it is not the genuine involvement of the offending vehicle. RW1 Driver Chaman Lal was also examined, who denied having caused any accident.

5. It is further argued on behalf of the Insurance Company that PW5 Shri Surender Pandey in his cross-examination, had admitted that he was not able to disclose if PW3 Ashok Kumar was present on the spot. His testimony clearly reflects that PW3 has been subsequently planted.

6. It is, therefore, submitted that there is false implication of the offending vehicle and the Claim Petition is liable to be dismissed.

7. Learned counsel on behalf of the Claimants has explained that the FIR was registered in regard to the accident immediately thereafter, on the same day. The injured had been taken to the hospital by PW5 Shri Surender Pandey. Moreover, PW3 Shri Ashok Kumar was an eye witness who had chased the offending vehicle and had noted the number of the offending vehicle which he had given to PW5 and thereafter, left the scene of incident. After about one year, he contacted PW5 to enquire about the condition of the injured, when he was informed that the he had died. On a query by PW3 about the number of the vehicle being disclosed to the Police, he was told that PW5 Shri Surender Pandey had failed to do so. Consequently, he approached the Police and disclosed the number of the offending vehicle. Due investigation was carried out by the Police. A Notice under Section 133 of the Motor Vehicle Act was served on Satish Kumar who gave a statement that the registered owner was Brahmanand, but he had purchased the motor-cycle from him in February, 2007.

8. It is further submitted that PW3, the eye witness had even deposed before the learned M.M in the Criminal Case. It is submitted that the learned Tribunal has rightly appreciated the evidence to conclude that the accident was caused on account of the rash and negligent driving of the offending vehicle by its driver, Chaman Lal.

9. Submissions heard.

10. Briefly stated, on 12.04.2007 the victim Dr. Manoj Sharma while returning to his house from his hospital. When he reached near Khatta G.T. Karnal Road, he was hit by one motor-cycle bearing No.UP-15M-7657 which was being driven at a high speed in a rash and negligent manner by its driver, Chaman Lal because of which he fell and suffered injuries. He was taken to Babu Jagjivan Ram Memorial Hospital, but succumbed to his injuries.

11. In order to prove the factum of accident, the Claimants examined PW3 Ashok Kumar as an eye witness to the accident. He in his testimony deposed that at about 11 P.M on the date of accident i.e. 12.04.2007 he was going towards Seelampur from Sam