Acquittal in accident case no ground to dismiss claim petition for compensation

The Motor Accident Claims Tribunal (MACT), Chandigarh, has directed an insurance company to pay compensation to the family members of a woman who died in an accident seven years ago. The Tribunal ruled that the findings of the criminal court are not binding on the Tribunal in such cases.

The Tribunal relied on a judgment by the Himachal Pradesh High Court, which stated that while a criminal conviction is enough to establish that a driver operated a vehicle rashly and negligently, an acquittal in criminal court cannot be used to dismiss a compensation claim.

This ruling came in response to a claim petition filed by the woman’s six-year-old daughter and other family members. The petition stated that on May 17, 2018, the woman was riding her Activa scooter on Ramgarh Road via Panchkula when a truck, driven rashly and negligently at high speed, struck her from behind near Ramgarh Fort. The woman sustained multiple grievous injuries and died as a result.

The claimants argued that the accident occurred due to the reckless driving of the truck driver. At the time of her death, the woman, aged 32, was working as a counselor and coordinator at Excellence Industrial Training Institute, earning Rs 19,500 per month.

The driver and truck owner, however, denied the allegations, claiming that no accident had occurred. The insurance company’s counsel also argued that the driver was not at fault and was acquitted by the Panchkula court in 2019. They contended that this acquittal proved the driver was not driving recklessly or negligently, and therefore, the insurance company should not be liable for any compensation.

After considering the arguments, the Tribunal concluded that the acquittal in criminal proceedings did not imply that the truck was not involved in the accident. The Tribunal emphasised that motor accident claims are summary proceedings, and compensation should be decided based on the preponderance of probabilities rather than the higher standard of proof required in criminal cases. The Tribunal found it clearly established that the accident had occurred due to the rash and negligent driving of the truck.

As a result, the Tribunal awarded the claimants a total compensation of Rs 32,53,900, along with interest at a rate of 9% per annum from the date of filing the claim petition until its realisation.