The judgment establishes the lower standard of proof required in a claim petition before the Motor Accident Claims Tribunal and emphasizes the evidentiary value of criminal proceedings against the driver in establishing negligence.

JUDGMENT

Archana Puri, J. - The present appeal has been filed by the appellants-claimants, namely Harbans Lal, Mishri Lal, Sona Devi and Mona Devi, against the dismissal of the claim petition filed by them, thereby, seeking compensation qua death of Tiliya Devi, in a motor vehicular accident.

2. Initially, appellants-claimants, being husband and children of Tiliya Devi had filed claim petition, thereby, seeking compensation, on account of death of Tiliya Devi, in a motor vehicular accident, which took place on 09.02.1999. As per the version, coming forth in the claim petition, on the relevant day, Tiliya Devi was going on correct left side of the road, on katcha berm. Her husband Harbans Lal was also accompanying her and was going ahead of her by few steps. At about 10.00 am, when they reached near the Googa Marri, on Ambala-Chandigarh road, a car bearing registration No.PAS-159, came from Chandigarh side. It was driven in rash and negligent manner and at a high speed by Rameshwar Singh. By going on the extreme wrong side of the road, it struck against Tiliya Devi. As the result of the accident, Tiliya Devi suffered multiple injuries. She was taken to PGIMER, Chandigarh, where she breathed her last on 10.02.1999.

3. In pursuance of the notice issued, respondents made appearance and contested the claim petition. Respondents No.1 and 2 i.e. driver and owner, in their separate reply had denied all the assertions of the claim petition. Even, insurance company filed a separate reply and therein, while denying all the assertions of the claim petition, also took preliminary objection that it was not liable, as the deceased herself was at fault and the accident had not been caused, due to rash and negligent driving of the car in question and the driver of the car was not having valid and effective driving licence, at the time of accident.

4. After framing of the issues, evidence was led. On appraisal of the evidence adduced, learned Tribunal reached the conclusion that the claimants have not been able to prove that the death of Tiliya Devi was caused in a motor vehicular accident, involving car bearing registration No.PAS-159. Resultantly, the compensation was denied and claim petition was dismissed.

5. Heard learned counsel for the appellant as well as learned counsel for the insurance company.

6. In view of the submissions made, the question arises is whether the findings of the Tribunal are sustainable as has been argued by learned counsel for the appellants or from the evidence on record, it can be concluded that the accident was caused by the rash and negligent driving of car bearing registration No.PAS-159, which resulted into death of Tiliya Devi?

7. There is no doubt that there are certain glaring gaps in the statements of eye witness PW-1 Malook Singh as well as PW-2 Harbans Lal, who is an author of the FIR. But equally, it cannot be denied that there are certain other facts, spelt out from the evidence adduced, which point to the involvement of the car bearing registration No.PAS-159, driven by Rameshwar Singh, which caused the accident, resulting into causing of fatal injuries to Tiliya Devi.

8. PW-2 Harbans Lal, is the husband of the deceased. He had given a vivid description of the manner of his presence along with the wife, at the spot of accident, at the relevant time. He also deposed about the manner of accident, having caused by a car, coming from Chandigarh side, which struck his wife, which was driven in a rash and negligent manner.

9. No doubt, as pointed out by learned counsel for the insurance company, the said witness has stated that he does not know the number of the car as he is illiterate, but however, he has further stated about having taken his wife to PGIMER, Chandigarh, on account of the injuries, sustained in the accident and he also deposed about her death in the hospital. Also, as submitted by learned couns