In motor accident claims, the standard of proof is based on preponderance of probabilities, not beyond reasonable doubt, ensuring just compensation for victims' families.

JUDGMENT:

Aggrieved by the dismissal order dated 02.07.2022 (hereinafter will be referred as ‘impugned order’) passed by the Motor Accidents Claims Tribunal– cum –Principal District Judge, Nalgonda (hereinafter will be referred as ‘Tribunal”) in M.V.O.P.No.303 of 2017, the petitioners/claimants has filed the present Appeal to set aside the order and seeks just and reasonable compensation.

2. For the sake of convenience, the parties hereinafter be referred as they were arrayed before the Tribunal.

3. The brief facts of the case as can be seen from the record are as under:

a) The petitioners have filed claim petition claiming compensation of Rs.35,00,000/- from the respondent Nos.1 and 2 for the death of deceased by name “Praveen Kumar” (hereinafter will be referred as ‘deceased’). Petitioner No.1 is the wife and petitioner Nos.2 and 3 are the children and petitioner Nos. 4 and 5 are old aged parents of deceased. The reason assigned by the petitioners for the death of the deceased is that on 11.01.2017 at about 06:00 hours while the husband of the petitioner No.1 was proceeding on his motorcycle bearing No. TS.05.EA2310 from Nalgonda Town to his house at Munugode village, the driver of the Ashok Leyland trolley bearing No. TS.05.UB.0859 (LGV), (for brevity hereinafter called as “crime vehicle”) drove the vehicle in rash and negligent manner at high speed and dashed the motorcycle of the deceased from backside. Due to the accident, the deceased fell in the road side ditch and sustained head injury and other multiple injuries all over his body. Immediately, he was shifted to Suraksha Multi Specialty Hospital, Nalgonda but, as his condition was serious, he was shifted to Yashoda Hospital, Hyderabad where he was treated as impatient till 27.01.2017. For further treatments he was shifted to Osmania general Hospital, Hyderabad and while undergoing treatment, he succumbed to the injuries.

b) Based on the complaint Police, Nalgonda Town-I registered FIR No.33/2017 under Section 337 of Indian Penal Code, 1806 against driver of the crime vehicle and later altered the Section of law to Section 304-A of Indian Penal Code, 1806after investigation filed charge sheet. According to the petitioners, the deceased was aged about 32 years at the time of accident and working as Collection Executive in Hinduja Leyland Finance, Nalgonda and used to earn Rs.16,020/-per month. The petitioners were solely depended on the income of the deceased and due to his sudden demise in the said accident the family suffered a lot and lost love and affection of the deceased. Therefore, the petitioners as dependents of the deceased filed claim petition seeking compensation of Rs.35,00,000/- (Rupees Thirty Five Lakhs) against respondents jointly and severally.

4. The respondent Nos.1 and 2, who are owner and driver of the trolley respectively were set ex-parte and whereas, the respondent No.3/ Insurance Company filed counter denying the averments of petition apart from denying its liability. It also contended that the complaint was given to police on 28.01.2017 i.e., after lapse of 17 days of the alleged accident and it is clearly a concocted story created by petitioners colluding with the owner of crime vehicle and police officials to have wrongful gain which raises serious questions as to fair investigation in the matter. On the above grounds prayed to dismiss the claim application.

5. Based on the rival contentions, the Tribunal has framed the following three issues.

i) Whether the deceased died in road accident occurred on 11.01.2017 at about 06:00 hours near Raghavendra B.Ed college at the outskirts of Nalgonda Town on Munugode road due to