Summary nature of claim applications under the Motor Vehicles Act, and the standard of proof based on preponderance of probability rather than strict rules of evidence.

JUDGMENT :

Sanju Panda, J. - The Appellants have challenged the award dated 7.4.2009 passed by the Second Additional District Judge-cum-MACT, Cuttack in MAC No. 587 of 2005 dismissing the claim application filed by them. The facts, leading to the present appeal, are as follows:

The claimants are widow, minor children and mother of the deceased Sanja Kumar Chand who died in a motor vehicle accident on 12.6.2005. The claimants in their claim application stated that while the deceased was going to Jagannath Temple at Pahala after parking his vehicle on the left side of the road, the offending vehicle bearing registration number OSX 0227 came in a high speed and caused the accident. The deceased sustained severe head injuries. After the accident, the deceased was shifted to SCB Medical College and Hospital, Cuttack where he succumbed to the injuries. On the written report, Balianta PS Case No. 82 of 2005 was registered Under Sections 279/304-A IPC. After completion of investigation, charge sheet was filed by the Investigating Officer against the driver of the offending vehicle. They further stated that the deceased was a Senior Journalist and earning Rs. 6000 per month from Ashirbad Prakashan Pvt. Ltd. and contributing Rs. 5000 per month to his family members as the claimants were depending on him. They claimed a compensation of Rs. 8 lakhs for loss of dependency and other claims.

2. Respondent No. 2-lnsurance Company after receipt of notice appeared in the case and filed its written statement admitting the fact of accident. However, it took a plea that the accident was not caused due to fault of the driver of the offending vehicle and the vehicle was not involved in the accident. The claimants filed the claim application and falsely involved the vehicle in connivance with the local police.

3. The owner of the offending vehicle also filed written statement taking a plea that the accident occurred due to fault of the deceased and the vehicle had a valid insurance policy. Therefore, the liability, if any, should be indemnified by the Insurance Company.

4. The Tribunal on the above pleadings framed four issues which are as follows:

Issues

1. Whether the rash and negligent driving of the driver of the vehicle bearing registration No. OSX 0227 (Car), the accident took place and in that accident, one Sanjay Kumar Chand succumbed to the injuries?

2. Whether the Petitioners are entitled to get compensation? If so, what would be the extent?

3. Whether all the Ops or any of the OP is/are liable to pay the compensation?

4. To what relief, if any, the Petitioners are entitled?

5. The claimants in support of their case adduced oral as well as documentary evidence. However, the Insurance Company did not examine any witness but filed two documents, i.e., certified copy of the inquest report and letter regarding confirmation of remuneration of the deceased which were marked Exts. A and B. Analyzing the evidence adduced by the parties and the issues framed by the Tribunal, it came to the conclusion that the long delay in lodging the FIR without reasonable explanation indicated that the vehicle number was introduced in the body of the FIR with a close connivance with the local police. The vehicle was seized after a long lapse of time and no reasons had been assigned as to why the vehicle was seized four months after lodging the FIR. The informant of the G. R. Case was not examined as a witness by the claimants to prove the factum of accident though the deceased died due to vehicular accident and the involvement of the offending vehicle was doubtful. On these grounds, the Tribunal dismissed the claim application filed by the claimants.

6. Leaned Counsel appearing for the Appellants submitted that the claimants filed claim application Under Section 166 of the Motor Vehicles Act and the strict rules of pleadings should not be made applicable to the accident claim cases. The proceeding being summary in nature, the Tribunal has to ascertain whether a person died d