The absence of a driving licence does not automatically imply contributory negligence in an accident; negligence must be specifically proven through evidence. Furthermore, medical documentation like postmortem reports should be prioritized over Aadhar cards for age determination in motor accident claim cases.

AFR

{Cause title, as taken from Case Information System}

Order on Board

1. The appellants-claimants have preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 (for brevity, “MV Act, 1988”) calling in question the validity, correctness and judicial propriety of the impugned award dated 6th October, 2023 passed by First Additional Motor Accident Claims Tribunal, Bemetara, District Bemetara (C.G.) (for short, 'Claims Tribunal') in Motor Accident Claim Case No. 74/2023.

2. By the impugned award, while partly allowing the application under Section 166 of the MV Act, 1988 against a claim of Rs. 79,12,000/-, learned Claims Tribunal has awarded compensation to the tune of Rs.6,32,600/- in favour of the appellants /claimants on account of death of deceased – Sanad Kumar Sahu in a motor accident that occurred on 12.02.2023 due to rash & negligent driving of the offending vehicle - motorcycle bearing registration No. CG-04/M.R./3525 , driven by respondent No. 1, owned by respondent No. 2 and insured with the respondent No. 3 – Insurance Company.

3. As per pleading made in the claim application, on 12.02.2023, deceased – Sanat Kumar Sahu had gone to his in-law's village Matara on his Motorcycle bearing registration No. CG/12/E/0556 and while returning from there at about 11 AM, he reached village Kusmi main road in front of the village's paddy market gate , at that time, the offending vehicle- motorcycle bearing registration No. CG-04/M.R./3525 driven by respondent No. 1 rashly & negligently from opposite side, dashed to the motor cycle of the deceased, as a result thereof, deceased sustained severe injuries on his head and he was taken to Govt. Hospital, Berla where he succumbed to his injuries during treatment at 12.15 PM. Report of the said accident was lodged at Police Station – Berla, District – Bemetara (C.G.) against the respondent and in pursuance thereof, Crime No. 64 / 2023 was registered under Section 304-A of the IPC and after completion of the investigation, charge-sheet was filed before the Chief Judicial Magistrate, Bemetara, District Bemetara.

4. The deceased was Agriculturist and was also engaged as Labour work and was earning Rs.12,000/- per month and Rs.1,44,000/- per annum. Thus, the above-stated amount of compensation was claimed by the appellants/claimants.

5. Respondents No. 1 & 2 filed written statement denying the averments made in the claim application and pleaded the negligence on the part of the deceased in causing the accident.

6. Respondent No. 3/Insurance Company filed separate written statement denying substantial pleading made by the appellants/claimants and pleaded the negligence of the deceased in causing the accident. It has also pleaded that respondent No. 1/driver of the offending vehicle was not having valid & effective driving licence at the time of incident.

7. The Claims Tribunal framed as many as six issues on the basis of above broad pleadings made in the claim application and after after appreciating the oral and documentary evidence available on record, held that the accident had occurred due to involvement of Motorcycle bearing registration No. CG/12/E/0556 and the offending vehicle - motorcycle bearing registration No. CG-04/M.R./3525 being driven by respondent No. 1- Indrabhan Singh Rajpur; driver of both the motor cycl