The court upheld the Tribunal's findings on negligence and compensation, emphasizing that FIRs are not conclusive proof of liability.

ORDER

Since the issue involved in the present appeals are one and the same, they are disposed of by way of this common order.

2. It is the case of the appellant in respective appeals / insurer of the Tata Sumo car that on 06.09.2020 at about 3.00 hrs, when the injured claimants and the deceased were travelling in a Tata Sumo car bearing Regn.No.TN 33 AE 0222 belonging to one Annakili driven by its driver, due to the flickering lights of Swaraj Mazda Truck bearing Regn.No.TN72 F 3828 which was parked on the left side of the road, the driver of the Tata Sumo car dashed the offending vehicle, thereby the deceased succumbed to injuries and the injured claimants sustained grievous injuries all over their bodies. Claiming compensation under various heads, the injured and the legal heirs of the deceased have filed the respective claim petitions in MCOP Nos.1423, 123, 129 & 70 of 2021.

3. Before the Tribunal, the claimants examined P.W1 to P.W.4 and marked Exs.P.1 to P.21. On behalf of the respondents, the examined R.W.1 to R.W.4 and marked Exs.R1 to R7 and the Court documents were marked as Exs.X1 to X4. After trial, the Tribunal, on appreciation of oral and documentary evidence has awarded a sum of Rs.14,41,000/-, Rs.1,05,000/-, Rs.1,05,000/-, 40,000/- respectively to be payable by the appellant / insurer of the Tata Sumo. Challenging the same, the appellant has come up with these appeals.

4. The learned counsel appearing for the appellant in respective appeals / insurer of the Car submits that though the said accident happened only due to the negligence on the part of the Truck, however, without considering the fact that the F.I.R. was also registered as against the driver of the Truck, the Tribunal has fastened the entire liability as against insurer of the Car which is wholly unsustainable. Moreso, the Driver of the Truck was not in possession of a valid driving licence at the time of accident. Further, the award under the other heads are highly excessive and the same requires interference of this Court.

5. The learned counsel appearing on behalf of the 4th respondent in C.M.A.No.146 of 2025 / insurer of the Truck submits that though the appellant / insurer of the car claimed that the Truck was parked without any proper indicator, however, it is evident from the Photograph Ex.X4 produced by the appellant that the Truck was parked with proper indicator. Further, FIR is not a conclusive proof nor is an encyclopedia for deciding the case and it is only to set the criminal law in motion and no further. While so, the mere fact that the FIR has been lodged against the driver of the Truck alone cannot be the basis to attribute rash and negligent driving on the driver of the Truck. Hence, the appellant / insurer of the car is liable to indemnify the claimants.

6. The learned counsel appearing on behalf of the claimants submits that the compensation awarded by the Tribunal is very meagre and the same requires interference. Accordingly, he prayed for passing appropriate orders.

7. Heard the learned counsel on either side and perused the materials placed on record.

8. Admittedly, the appellant / insurer of the car claimed that the Truck was parked without any proper indicator, however, it is clear from Ex.X4 Photograph produced by the appellant that the Truck was parked with proper indicator. Hence, due to the negligent driving of the driver of the car, the said accident happened, for which, the Tribunal ordered for pay and recovery which does not require any interference. Further, FIR is not a conclusive proof nor is an encyclopedia for deciding the case and it is only to set the criminal law in motion and no further. While so, the mere fact that the FIR has been lodged against the driver of the Truck alone cannot be the basis to attribute rash and negligent driving on the driver of the Truck.

9. Insofar as the compensation under the other heads are concerned, the Tribunal has taken into consideration the nature of injuries suffered by the injured