The standard of proof in civil motor accident claims is based on preponderance of probabilities, differing from the beyond reasonable doubt standard in criminal proceedings.

JUDGMENT :

Savitri Ratho, J.

1.This matter was taken up through Video Conferencing Mode due to COVID-19 Pandemic.

2. I have heard Mr. S. Satpathy, learned counsel for the appellant Insurance company and Mr.P.K.Mishra, learned counsel for the respondent No.1- claimant .

3. This appeal has been filed by the Insurance Company challenging the judgment dated 26.06.2019 passed by the learned 3rd M.A.C.T., Jajpur in MAC Case No.125 of 2012, wherein the Tribunal directed the Insurance Company to pay the entire compensation amount of Rs.1,87,000/- (Rupees one lakh eight seven thousand) along with interest @ 6% per annum from 19.12.2012, i.e., the date of filing of the claim application along with the cost till the realization is made.

4. The case of claimant respondent No.1 in brief is that on 19.10.2011 at about 9 A.M. while he was standing on the side of the road at Ganeswarpur chhak situated in between Jajpur-Sathipur road, the motorcycle bearing Registration No.OR-04M-1080 (hereinafter referred to as the offending vehicle) came at high speed being driven in rash and negligent manner and dashed against the claimant, as a result of which he sustained severe injuries on his person and was shifted to DHH, Jajpur. Thereafter, he was shifted to SCB Medical College and Hospital, Cuttack for further treatment and received medical treatment to his clavicle and sternum and incurred medical expenditure to the tune of Rs.50,000/-. Due to the said accident he became permanently disabled to the extent of 70% and has spent and will have to spend a considerable amount on treatment. He was aged 53 years old then and was working as a professional driver and earning Rs.6000/- per month. After the accident on account of his disability, he is unable to engage himself in his profession and has become dependent on others to maintain his livelihood . The offending vehicle had valid documents to ply on the road and was insured under Respondent No 2 and the driver was holding a valid DL. So he claimed an amount of Rs.2,00,000/-( Rupees two lakhs only) towards compensation along with interest towards medical expenditure, loss of amenities of life, pain and suffering and the cost of future medical expenses to which the Respondent No. 1 being the registered owner and Respondent No 2 being the insurer of the offending vehicle, are jointly and severally liable to pay the same to him.

5. Learned counsel for the appellant-Insurance Company submits that the Insurance Company is not liable to pay interest from the date of application and the rate of interest is liable to be reduced . He further submits that as the driver of the offending vehicle has been acquitted in the criminal case it cannot be held that Rohit he was driving in a rash and negligent manner. He also submits that as the driver of the offending motorcycle did not have a valid driving licence, the Insurance Company could not have been held vicariously liable to pay the compensation and that even assuming that the claimant is entitled to any compensation, the quantum of compensation has been incorrectly calculated as the occupation or monthly income of the injured had not been proved to be Rs 3,500/-per month for which the compensation amount is therefore liable to be reduced.

6. Mr P.K. Mishra learned counsel for the claimant –respondent No.1 submitted that acquittal of the driver in the criminal case will not absolve him or the insurance company from their liability to pay compensation as the standard of proof in a criminal case and in a claim case are totally different and in support of his submissions, he relies on the deci