In motor accident claim cases, the standard of proof is based on the 'preponderance of probabilities' rather than 'beyond reasonable doubt' as in criminal trials, and accidental clerical errors regarding vehicle numbers in an initial FIR, when corrected promptly and supported by police investigation, should not result in claim dismissal.

Judgment

Arguments Concluded on :: October 13, 2025

Reserved on :: October 13, 2025

Pronounced on :: November 26, 2025

1. By filing present civil misc. appeal under section 173 of the Motor Vehicle Act, 1988 (for short 'the Act of 1988') the claimant/ appellant has challenged the judgment and award dated 27.10.2017 passed by the Court of learned Addl. District Judge No.16, Jaipur Metropolitan (Motor Accident Claims Tribunal) [for short 'the Tribunal'] in MAC Petition No. (1/2015) (374/2005), (1924/2004), whereby the Tribunal dismissed the claim petition filed by the appellant/ claimant.

2. The facts emerge out from the pleadings are that the claimant /appellant filed a claim petition before the tribunal mentioning therein that on 20.02.2004 at about 11:30 PM, he was going by motorcycle No. RJ-20-9M-6976 along-with his brother-in-law- Mohammad Khalid Faruki, from Sanganer Airport towards his house at Shastri Nagar. Mohammad Khalid was riding the motorcycle with moderate speed on the correct side of the road. When they reached near Durgapura Crossing, a jeep bearing No. RJ-14-1P-0161, being driven rashly, negligently and with excessive speed by its driver came from the opposite direction and by coming on the wrong side, hit the motorcycle which resulted into sustaining injuries by the claimant. The claimant was immediately taken to the SMS Hospital, Jaipur. The claimant further mentioned that as per information furnished by the people, he stated the number of Jeep as RJ-14-P-1566 which after the accident was passing from the place of incident. The claimant further mentioned in the claim petition that thereafter on getting the complete information and on the basis of information furnished by the persons who were present at the place of incident, very next day registered the FIR No.114/2004 at Police Station Sanganer for the offences under sections 279, 337 and 338 IPC. After investigation the police submitted the challan against the respondent/ non-claimant No.1 for the afore mentioned offences. The claimant further mentioned that at the time of accident he was 32 years of age and by profession he is an Advocate. The claimant claimed compensation of Rs.8,30,000/- along-with interest @ 18% per annum.

3. Despite issuance of notice, no-one put in appearance on behalf of respondent/ non-claimant No.1.

The non-claimant-respondent-Insurance Company filed written statement of denial.

4. On the basis of pleadings of parties, the tribunal framed five issues including the relief, which are as under:-

"1. आयय पशनगत वयहन स सखयय जजप आर.ज . 14-1 पज-0161 क ज चयलक ववपकज स सखयय । हरररयम कज दयरय वदनयसक 20.2.2004 कक टटक रकड पर दगयरपदरय चचरयह द ज क ज पयस उक वयहन कक उपज कय/उतयवल ज पन स जचलयकर कक गई दरदरटनय म मआईचकटट कज पररणयम सवरप नपजमउदजन कयजज कज चकटमआई ?

2. आयय उक वयहन चयलक तब उक वयहन सवयमज ववपकज स सखयय 2 क ज वनयकजन म म हककर उसज कज वहतयरर एवस लयभयरर कययर कर रहय रय ?

3. आयय ववपकज स सखयय 3 बजमय कमपनज दयरय अपन ज वलवखत करन कक पयरवमभक आपवतयट एव स ववशज ष करन क ज मदज-नजर बजमय कमपनज अपन ज दयवयतव स ज मदक हक सकतज हह नहह तक इसकय पभयव ?

4. आयय दयव ज दायर अपन ज दयव ज म म अवकत पशनगत रयवश यय अनय ककई नययय स सममत रयवश पय सकय ह , ह हयह तक कचन -कचन दयवज-दयर वकतनज-वफतनज रयवश, वकस-वकस ववपकज स ज एवस वकस पकयर सज पय सकत ज ह ह ?

5.अनदतकष?"

5. Earlier the Tribunal passed the judgement and award dated 02.07.2007 dismissing the claim petition. Against the judgement and award dated 02.07.2007, the appellant preferred S.B. Civil Misc. Appeal No. 3471/2007 which was partly allowed vide judgem