NDLI: Mathew Alexander Vs. Mohammed Shafi and Anr.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Code of Criminal Procedure 1973 : s. 482 – Quashing of final report
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Motor Vehicles Act, 1988 (59 of 1988) Indian Penal Code (45 of 1860) Code of Criminal Procedure, 1973 (2 of 1974)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Code of Criminal Procedure, 1973 : s. 482 – Quashing offinal report – Motor accident matter – Rash and negligent driving– Appellant’s son was driving a car which collided with the gastanker lorry – Death of appellant’s son and five others travelling inthe car – Claim petition by the respondent no. 1 and the legalrepresentative of the deceased passengers – Claim petition also filedby the appellant against the driver and the insurer of the tankerlorry, and against the owner – FIR against the appellant’s son u/s.279 and 304 A, however, abatement of charges against him on hisdeath – Submission of the final report by police that the incidentwas an unavoidable accident, not attributable to negligence on thepart of the appellant’s son – Two years later, petition u/s. 482 by therespondent no. 1 for quashing of the final report – High Courtquashed the final report – On appeal, held : Opinions expressed bythe High Court which are in the nature of findings while consideringthe correctness of the final report and thereby quashing the samewas, not a correct and proper approach adopted by the High Court– Order passed by the High Court is set aside – Penal Code, 1860– ss. 279, 304 A.Motor Vehicles Act, 1988: Motor accident – Claim forcompensation – Negligence – Burden of proof – Held : Motoraccident matter has to be considered on the basis of preponderanceof the possibilities and not on the basis of proof beyond reasonabledoubt – On facts, in a claim petition by the appellant allegingnegligence on part of the driver of the tanker lorry and the pick upvan in causing the accident resulting in the death of his son andfive others travelling with him, alleged negligence on the part ofthe driver of the tanker lorry and pickup van in causing the accidenthas to be proved – It was for the appellant to establish negligence on the part of the driver of the tanker lorry – Opinion in the finalreport that the incident was an unavoidable accident, not attributableto negligence on the part of the appellant’s son, would not have abearing on the petition – In the claim petitions filed by the dependentsof the other deceased passengers, they have to similarly establishthe negligence in accordance with law.
Judge	Hon'ble Ms. Justice B.V. Nagarathna
Neutral Citation	2023 INSC 621
Petitioner	Mathew Alexander
Respondent	Mohammed Shafi And Anr.
SCR	[2023] 10 S.C.R. 1083
Judgement Date	2023-07-13
Case Number	1931

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