In motor accident claims, the standard of proof is preponderance of probabilities, not beyond reasonable doubt, to establish liability for negligence.

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE RAJENDRA KUMAR VANI th ON THE 16 OF JULY, 2025 MISC. APPEAL No. 460 of 2013 HIRALAL LODHI AND OTHERS Versus PURAN SINGH AND OTHERS Appearance:

Shri Arun Sharma - Advocate for appellants.

Shri Pavan Singh Raghuvanshi - Advocate for respondents.

ORDER This Miscellaneous Appeal has been filed by the appellants/owner &

driver of the offending vehicle, under Section 173 (1) of the Motor Vehicles Act, against the impugned award dated 21.12.2012 passed by the Member, Motor Accident Claims Tribunal, Vidisha, in Claim Case No.120/2011. By the said award, the Tribunal has awarded an amount of Rs.3,16,000/-

alongwith interest @ 8 % per annum to the respondents/claimants.

2. The facts necessary for the disposal of this appeal, in brief, are that on 16/05/2011 at 9:00 am, the deceased Balram was going by motorcycle from towards village Kuankhedi to village Khari to meet his sister. At that time, near village Kuankhedi, appellant No.2/non-applicant No.2, while driving tractor bearing registration No. MP-40-M-6459, owned by appellant No.1/non-applicant No.1, in a rash and negligent manner, hit Balram's motorcycle and fled towards Vidisha after the collision. Due to the accident, Signature Not Verified Balram sustained grievous injuries and died.

3. Learned counsel for the appellants submits that the tractor of appellant No.1 (owner) has been falsely implicated as the offending vehicle in this case. There is no mention of the registration number or sufficient description of the tractor in the Marg Intimation (Exh. P-4) and the FIR (Exh. P-3). Even the eyewitness to the incident, Heeralal (AW-2), who has been examined on behalf of the claimants, did not specify the registration number of the tractor in his chief examination. Mere reference to the vehicle as an 'Escort Power Tractor' is not sufficient to establish a link between the alleged offending vehicle and the accident. It is further submitted that the appellants, Heeralal and Vibhishan, had examined themselves as witnesses and had deposed before the learned Tribunal to establish the fact that the alleged offending vehicle was not involved in the accident at all. Learned Tribunal has erroneously found the factum of the accident caused by the vehicle owned by appellant No.1 to be proved, and erroneously awarded the compensation amount. Therefore, the appellants pray for setting aside the award, and their exoneration from liability to pay compensation, and to refund Rs.25,000/- deposited by them under Section 173 of the Motor Vehicles Act. Learned counsel for the appellants has placed reliance on the judgments passed in the cases of Sawaram & Anr. Vs. Chukkha @ Chokhelal & Ors., MACD 2009 (1) (M.P.) 115 and Reena Vs. Gajendra Singh , MACD 2008 ( 2) (M.P.) 827.

4 . Learned counsel appearing for the respondents/claimants has opposed the appeal filed on behalf of the owner and driver of the offending Signature Not Verified vehicle. He submits that the learned Tribunal has rightly found Issue No. 1 to be proved and has correctly awarded compensation in favour of the claimants. He submitted that the claimants filed the post-mortem report as Exh. P-1, Supurdginama as Exh. P-2, FIR as Exh. P-3, Marg Intimation as Exh. P-4, seizure memo as Exh. P-5, and Naksha Panchayatnama as Exh. P- 6.These documents, along with the statements of witnesses examined on behalf of the claimants, reveal that during the investigation, the police identified the offending vehicle as the one involved in the accident in question. It is also not disputed by the appellants that a charge-sheet has been filed against the driver of the offending vehicle, Vibhishan (appellant No.2) who has been held guilty and convicted under Section 304-A of the IPC for the said offence. Therefore, this fact is sufficient to draw the conclusion that the accident in question was caused by the driver of the of