The standard of proof in civil liability cases is preponderance of probability, not beyond reasonable doubt, impacting negligence assessments in motor accident claims.

JUDGMENT :

MRIDUL KUMAR KALITA, J.

1. Heard Ms. M. Choudhury, learned counsel for the appellant. Also heard Mr. K. Bhattacharjee, learned counsel appearing for respondent Nos. 1, 2, 3 and 4.

2. This appeal under Section 173 of the Motor Vehicles Act, 1988, has been filed by the appellant, Oriental Insurance Company Limited, impugning the judgment and award dated 17.01.2015, passed by the Motor Accident Claims Tribunal, Sonitpur, Tezpur, in MAC Case No. 175/2012.

3. The facts relevant for consideration of the instant appeal, in brief, are that, on 19.03.2012, at about 11:30 PM, the deceased, Diganta Mili, was proceeding along with one Rajesh Narah, in a motorcycle bearing Registration No. AS-12-G-3098 from Lakhimpur side towards Guwahati. When the motorcycle reached near Jiabhoroli Forest Gate at National Highway No. 52, a night super bus, bearing Registration No. NL-05-B-0971, which was proceeding from Lakimpur towards Guwahati, hit the motorcycle and as a result of the accident, the said Diganta Mili died on the spot and the other rider of the motorcycle, namely, Rajesh Narah sustained grievous injuries.

4. The present respondents, who are the wife and sibling of the deceased, respectively approached the Motor Accident Claims Tribunal, Sonitpur, by filing an application under Section 166 of the MV Act, 1988 seeking compensation on account of death of their husband/brother in the aforesaid motor vehicular accident. The said claim case was registered as MAC Case No. 175/2012.

5. The present appellant along with the driver and owner of the offending bus had contested the claim filed by the present respondents by filing separate written statements. The basis of the pleadings of the parties, the Motor Accident Claims Tribunal, Sonitpur had framed following issues:

(i) Whether victim, late Diganta Mili, died as a result of injuries sustained by him in the alleged road accident dated 19.03.2012, involving Vehicle No. NL-05-B-0971, (super bus) and whether the said accident took place due to rash and negligent driving by the driver of the offending vehicle?

(ii) Whether the claimant is entitled to get any compensation, and if yes, to what extent and by whom amongst the opposite parties the said compensation amount is payable?

6. During the inquiry, the claimant examined the wife of the deceased (claimant No. 1) and the present appellant adduced the evidence of the investigator in support of their case as PW-1. Ultimately, by the impugned judgment, the present appellant was directed to pay an amount of Rs.7,37,000/- along with an interest at the rate of 7.5% per annum from the date of filing of the claim petition till realization to the claimant No. 1 as well as claimant No. 2, who is the mother of the deceased.

7. The learned counsel for the appellant has submitted that the Motor Accident Claims Tribunal, Sonitpur has erred in awarding the compensation amount to the respondents as it failed to consider that there was no evidence of any negligence on the part of the driver of the night super bus, which was involved in the accident. She submits that the Motor Accident Claims Tribunal failed to appreciate the fact that as per the final report submitted in connection with Jamuguri P.S.Case No. 29/2012 (corresponding to GR Case No. 639/2012), there was no negligence on the part of the driver of the bus and the accident occurred as the deceased, Diganta Mili, who was drunk at the time of accident was trying to overtake another vehicle, during such overtaking, he lost control of the motorcycle and hit the bus, which was coming from the opposit