In motor accident claims, the standard of proof is based on preponderance of probabilities, allowing claimants to seek compensation irrespective of dependency status if they qualify as legal representatives.

ORDER :

Amar Nath (Kesharwani), J.

This is an appeal filed by the appellant/Insurance Company under section 173 (1) of the MOTOR VEHICLES ACT being aggrieved with the award dated 6-2-2020 passed by II Additional Motor Accident Claims Tribunal, Naugaon, District Chhatarpur in MACC No. 100044/2013, whereby the learned Claims Tribunal awarded a total sum of Rs.28,64,998/- (Twenty eight lakhs sixty four thousand nine hundred ninety eighty) with interest @ 7% per annum from the date of filing of petition till payment to the respondent Nos. 1 to 3/claimants by way of compensation on account of death of Ramswaroop Soni in a motor accident which allegedly took place on 24-3-2013.

2. Brief facts of the case are that on the date of incident i.e. 24-3-2013 at about 4:30 P.M. respondent No. 4, who was driving pickup vehicle bearing registration No. UP-95-B-0348 rashly and negligently, dashed the vehicle of deceased Ramswaroop Soni, due to which the deceased sustained grievous injuries and succumbed to death. The matter was reported to Police Station Naugaon, District Chhatarpur (M.P.) by Ajay @ Ajju Soni (son of deceased), where FIR No. 90/2013 (Ex.A-2) was registered against unknown person. After investigation final report was filed against the driver (respondent No. 4) of offending vehicle bearing registration No. UP-95-B-0348. Respondents No. 1 to 3/claimants filed a claim petition alleging that the deceased was posted as L.D.T. (Assistant Teacher) at Primary School, Kulwara Sankul Girls Higher Secondary School and was earning Rs.28,000/- (Twenty eight thousand) per month. The deceased was to be promoted in future on the post of U.D.T. By way of filing claim petition, claimants prayed to award compensation to the tune of Rs. 57,50,000/- (fifty seven lakhs fifty thousand) under various heads on account of death of Ramswaroop Soni, who was father of respondent Nos. 1 to 3 and wife of deceased Smt. Bhagwati Soni (Expired during the trial).

3. Respondent Nos. 4 and 5 filed written statement stating that respondent No. 4 was not negligent in driving the offending vehicle. It was alleged that the deceased himself was negligent in driving the vehicle and before the alleged incident, deceased himself fell down on the road due to uneven road at the place of incident. However, it was alleged that at the time of incident respondent No. 4 had a valid driving license to drive the alleged vehicle and the offending vehicle was insured with appellant/insurance company, therefore, if any amount of compensation is awarded, then it is appellant/insurance company who is liable to pay the compensation and prayed for dismissal of the claim petition against them.

4. Appellant/insurance company in its written statement denied the averments mentioned in the claim petition and pleaded that the accident occurred with some other unknown vehicle and thereafter in collusion with owner and driver of the offending vehicle, claimants filed false claim case involving the alleged vehicle. It was alleged that the claimants are not dependent on the deceased, therefore, they are not entitled for any compensation from appellant-insurance company and prays for dismissal of the claim petition against the insurance company.

5. Learned Tribunal after framing of issues and appreciating the oral and documentary evidence adduced by the rival parties of the case, awarded a sum of Rs.28,64,998/- (twenty eight lakhs sixty four thousand nine hundred ninety eight) along with interest @ 7% per annum to the claimants under different heads. Being aggrieved by the impugned award, appellant/Insurance Company file