Liability for motor vehicle accidents hinges on establishing negligence, interpreted through police findings and evidence, where preponderance of probabilities guides the decision.

JUDGMENT

These two appeals are connected and therefore, I am disposing of these two appeals by a common judgment. These two appeals are filed by the 1st respondent in O.P.(M.V.) No.415/2001 and 416/2001 on the file of the Motor Accidents Claims Tribunal, Neyyattinkara (hereinafter the parties are mentioned in accordance to their rank before the Tribunal).

2. The short facts are like this :

The applicant in O.P.(M.V.) No.415/2001 was a Sales/Marketing executive. The applicant in O.P.(M.V.) No.416/2001 was a student aged 15 years, studying in 10th standard. On 8.10.2000, the injured persons were travelling as passengers in a Maruti Van bearing registration No.KL-01 F 8020 from Rameswaram to Madhurai. When the said Van reached at a place called Chemparayatham village, the bus bearing registration No.TN 63/529 driven by the 2nd respondent in a rash and negligent manner came from the opposite direction and hit against the right side of the Van bearing registration No. KL 01-F 8020 and as a result, the applicants in these claim petitions, sustained serious injuries. Therefore, the claim petitions were filed claiming compensation from the respondents.

3. Heard counsel for the appellant and counsel for the claimants. I also heard the counsel for the 5th respondent before the Tribunal.

4. The counsel for the appellant submitted that the accident occurred because of the rash and negligent driving of the driver of the Maruti Van. The counsel relied the sketch, which is produced as Ext.A2 before the Tribunal. According to the counsel, the bus was on the right side. The place of occurrence as per the sketch is wrong side as far as the Maruti Van is concerned. The counsel submitted that the driver of the bus is not rash and negligent as per the documents produced before the Tribunal. Therefore, the sum and substance of the argument of the counsel for the appellant is that the driver of the bus is not liable to pay compensation and actually, the 5th respondent – Insurance Company is liable to pay the compensation because the accident occurred due to the rash and negligent driving of the driver of the Maruti Van.

5. The counsel for the claimant submitted that the Tribunal after considering all the contentions raised by the appellant, found that the driver of the bus is rash and negligent. The counsel submitted that there is nothing to interfere with the impugned award by which it is found by the Tribunal that the driver of the bus is rash and negligent. Consequently, the appellant herein is liable to pay the compensation.

6. The short point to be decided is whether the driver of the bus or the driver of the Maruti Van is negligent, which resulted in the accident. I perused the oral evidence and the documentary evidence produced in this case. The Tribunal after considering all the available materials, came to the definite conclusion that the driver of the bus is rash and negligent, which resulted in the accident. It will be better to extract the relevant portion of the finding of the Tribunal.

“24. The case of the applicants is that the accident was due to rash and negligent driving of the bus and this is specifically averred in column 28 of the application.

25. In this respect, it deserves attention that police has alleged the 2nd respondent, the Driver of the bus TN 63 No.529 of rash and negligent driving causing the accident. RW1, the Driver has deposed denying rashness and negligence on his part. But it is pertinent to note that Ext.A5, the Police Charge alleges him of rash and negligent driving. This charge was filed by the lawful official agency, which was discharging official duties and the presumption that such official acts are regularly performed is not rebutted. Further Ext.A2, the Rough sketch shows that the road at the place of accident was lying from east to west. The place of accident marked as No.1 in the Rough Sketch appears to be towards the northern portion of the road from its middle. Anyhow, it is only a rough sketch and the dista