Acquittal in criminal cases does not affect liability in civil accident claims; judges must assess evidence on the preponderance of probabilities.

JUDGMENT :

Alka Sarin, J.

CM-7436-CII-2025

1. The present application under Order XLI Rule 5 read with Section 151 of the Code of Civil Procedure, 1908 has been filed for staying the award dated 29.11.2023 passed by the Motor Accident Claims Tribunal, Fatehabad (hereinafter referred to as the 'Tribunal').

2. Mr. Mohit, Advocate proxy counsel for Mr. Pavitra, Advocate has put in appearance on behalf of respondent No.1-claimant while Mr. Surender Kumar Shamra, Advocate proxy counsel for Mr. Amit Choudhary, Advocate has put in appearance on behalf of respondent No.2 i.e. driver and owner of the tractor bearing registration No.HR-20Q-6082 (hereinafter referred to as the 'offending vehicle') and have filed the memo of appearance, which is taken on record. Learned counsel for the parties are ad idem that instead of hearing the application, the main appeal itself be heard.

3. With the consent of learned counsel for the parties, the main appeal is taken on Board today itself.

CM-5664-CII-2024

4. For the reasons stated in the application, the same is allowed. The delay of 13 days in filing the present appeal is condoned.

FAO-1433-2024 (O&M)

5. Present appeal has been filed by the Insurance Company aggrieved by the award dated 29.11.2023 passed by the Tribunal.

6. The brief facts relevant to the present lis are that on 07.05.2018, respondent No.1 (injured-claimant) had gone to Fatehabad for some work on his motorcycle bearing registration No.HR-20AK-3606. The father of the injured-claimant had also accompanied him on his separate motorcycle bearing registration No.HR-20AL-3429. When they were returning at about 07.00 pm on their respective motorcycles from Fatehabad and were crossing the cut of Khasa Mahajan Road a little ahead of Bus Stand of Khara Kheri, the offending vehicle, which was being driven by Deepak Kumar (respondent No.2 herein) at a high speed and rashly and negligently came from Hisar side and struck into the motorcycle of the injured-claimant as a result of which the injured-claimant, alongwith the motorcycle, fell on the road. The offending vehicle went over the injured-claimant as a result of which he sustained multiple grievous and serious injuries on his chest, hip, leg and other parts of the body. The injured-claimant was rushed to Maharaja Agrasen Medical College and Hospital, Agroha, District Fatehabad where he was given first aid and then was later referred to a higher institute and was admitted to CMC Hospital where he was medico-legally examined on 07.05.2018 and was treated as an indoor patient from 07.05.2018 to 12.06.2018. During the said period he underwent surgeries. The injured-claimant is stated to be still under treatment when the claim petition was filed.

7. On notice, respondent No.2 i.e. driver and owner of the offending vehicle filed his written statement raising various preliminary objections of suppression of facts and not approaching the Tribunal with clean hands. It was further averred that the offending vehicle was being driven at a moderate speed, carefully and by following all the traffic rules and that the injured-claimant riding his motorcycle at a high speed and rashly came in front of the offending vehicle. When the driver of the offending vehicle tried to apply the brakes, the motorcyclist struck his motorcycle into the offending vehicle. It was further averred that the accident took place due to negligence of the motorcyclist (injured-claimant). It was further averred that a false case had been registered.

8. The Insurance Company (appellant herein) filed a separate written statement raising grounds of collusion and also sought to