Accident case acquittal no ground to junk claim plea, says tribunal

The Motor Accident Claims Tribunal (MACT), Chandigarh, while directing an insurance company to pay compensation to family members of a woman who had died in an accident seven years ago, has held that the findings of a criminal court is not binding on it.

The tribunal has relied upon a judgment of Himachal high court in which the latter had observed that while a conviction recorded by a criminal court was enough to hold that a driver had driven the vehicle rashly and negligently, his acquittal would be no ground to dismiss the claim petition for compensation.

The tribunal has passed the order of compensation on a claim petition filed by six-year-old daughter and other family members of a woman who had died in an accident.

The claimants said that on May 17, 2018, the woman was going on her Activa on Ramgarh road via Panchkula for some work. When she reached a little ahead of Ramgarh fort, a truck which was being driven in a rash and negligent manner, came from behind at high speed and hit her scooter.

Due to which, the woman sustained multiple grievous injuries, which resulted in her death. They pleaded that the accident took place due to rash and negligent driving by the driver of the truck. They said that the deceased woman was 32 years old at the time of her death. She was working as counsellor and coordinator at Excellence Industrial Training Institute and earning Rs 19,500 per month. Therefore, the claimants were entitled to receive the compensation from the respondents, they added.

On the other hand, the counsel of the driver and the owner of the truck denied the allegations and claimed that no accident had ever taken place. The counsel for the insurance company submitted that the driver was not at fault in causing the accident, therefore he was acquitted by a Panchkula court in 2019. This clearly proves that the driver was also not driving the offending vehicle rashly and negligently, the company said. Therefore, the insurance company was not liable to pay any compensation to the claimants and the petition deserves to be dismissed.

After hearing the arguments, the tribunal said that the acquittal of the driver in criminal proceedings was no ground to hold that the offending truck was not involved in the accident. The motor accident claims are summary proceedings so as to adjudicate the adequate amount of compensation in case of accident, it said.

In this case, it has been amply established that the accident had taken place due to rash and negligent driving of the vehicle. In view of this, the claimant is entitled to receive Rs 32.54 lakh along with interest @ 9% per annum from the date of filing of the claim petition till its realisation.