A judgment of acquittal in a criminal case does not preclude a finding of negligence in a Motor Accident Claims Petition (MACP) proceeding, as the standard of proof for civil liability differs from criminal conviction.

ORAL JUDGMENT

1. The captioned appeal has been preferred against the impugned judgment and award dated 30.04.2018 passed by the learned Motor Accident Claims Tribunal (Aux.), Surat at Bardoli in M.A.C.P. No. 296 of 2015 (old MACP No. 430 of 2005), whereby the learned Tribunal had partly allowed the Claim Petition and awarded a sum of Rs.13,52,890/- (Rupees Thirteen Lakhs Fifty-Two Thousand Eight Hundred Ninety Only) along with interest at the rate of 9% per annum, from the date of filing of the claim petition till its realization, as compensation.

2. The succinct facts, which led to the filing of the captioned appeal, as narrated in the Claim Petition are summarized as under:-

i. On 16.05.2005, Mr. Virsingbhai Vasabai Chaudhary (hereinafter referred to as the “deceased”), was riding one Motorcycle bearing registration No. GJ-5-DB-3116 at very moderate speed, on the road leading to Mandvi from Bardoli, by observing traffic rules. When he reached the place of accident, i.e., near Pardi Village, original opponent No.1 came by driving one ST bus bearing registration No.GJ-18-V-5667 at an excessive speed, and in a rash and negligent manner, from wrong side of the road, and dashed with the motorcycle of the deceased. As a result of the said vehicular accident, the deceased herein sustained grievous injuries, and he succumbed to the said injuries. The FIR for the offense was lodged before Sachin Police Station, vide I.Cr. No. 62 of 2005 under Sections 279, 304(A) of the Indian Penal Code, and Sections 177 , 184 and 134 of the Motor Vehicles Act.

ii. It is also the case of the original claimants before the learned Tribunal that the deceased was aged about 45 years at the time of the accident, and he was working in a Primary Health Center, thereby earning Rs.9,000/- per month. Therefore, the Original Claimants preferred the Claim Petition before the learned Tribunal seeking compensation to the tune of Rs.15,00,000/-.

iii. Having been served with the notices/summons of the Claim Petition, original opponent No.1 – driver of ST Bus and original opponent No.2/appellant herein – Gujarat State Road Transport Corporation, filed their Written Statement at Exh.14, thereby denying the averments made in the Claim Petition, and in brief, prayed for dismissal of the Claim Petition.

iv. Having considered the pleadings of the parties and the material available on record, the learned Tribunal had framed the following issues for determination:-

i. Whether the applicants prove that the deceased died due to injuries sustained in vehicular accident occurred due to rash and negligent driving of driver of the offending vehicle ?

ii. Whether the applicant/s is/are entitled for compensation ? If yes, what amount and from whom ?

iii. What order and award?

v. Having considered the pleadings, evidence on record and the submissions advanced by the learned counsels for the respective parties, the learned Tribunal had partly allowed the Claim Petition and awarded a sum of Rs.13,52,890/- (Rupees Thirteen Lakhs Fifty-Two Thousand Eight Hundred Ninety Only) along with interest at the rate of 9% per annum, from the date of filing of the claim petition till its realization, as compensation.

iv. Being aggrieved and dissatisfied with the impugned judgment and award, the original opponent No.2/appellant herein has filed the captioned appeal, thereby challenging the findings returned by the learned Tribunal on the issue of negligence.

3. Heard learned counsels for the parties.

4. Learned counsel, Ms. R. R. Gautam appearing on behalf of Mr. Munshaw, learned counsel appearing on behalf of the appellant – ST Corporation vehemently submit