NDLI: Sunita & Ors. Vs. Rajasthan State Road Transport Corporation & Anr.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	1988 Fatal accident Non-examination of the pillion rider Motor Vehicles Act Award of compensation
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Motor Vehicles Act, 1988 (59 of 1988)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Motor Vehicles Act, 1988 – Fatal accident – Award of compensation – Victim-Government School teacher riding a motorcycle, met with a fatal accident, in collision with a bus, rashly and negligently driven by respondent no.2 and owned by respondent no.1 – Pillion rider also sustained injuries – Award of compensation of Rs.48,33,235/- jointly and severally to the appellants and the parents of the victim, along with interest after deduction of income tax from the calculated income – High Court set aside the tribunal’s judgment – On appeal, held: High Court reversed the well considered and exhaustive judgment of the tribunal in a cryptic manner – Such a hyper-technical and trivial approach of the High Court cannot be sustained – Tribunal followed a just approach in the matter of appreciation of the evidence/materials on record whereas, the High Court adopted a strict interpretation of the evidence on the touchstone of proof beyond reasonable doubt –Non-examination of the pillion rider, not fatal to appellant’s case-since the other evidence on record was good enough to prima facie establish the manner in which the accident had occurred and the identity of the parties involved in the accident – Tribunal justified in placing reliance on the evidence of witnesses, on the contents of FIR, charge-sheet and site plan which prima facie indicate the negligence of the bus driver in driving the bus – Thus, the order passed by the High Court is set aside and the award by the tribunalis restored.Motor Vehicle Accident: Standard of proof – Held: While deciding cases arising out of motor vehicle accidents, the standard of proof to be borne in mind must be of preponderance of probability-and not the strict standard of proof beyond all reasonable doubt which is followed in criminal cases – There is nothing in the Act to preclude citing of a witness in motor accident claim who has not been named in the list of witnesses in criminal cases.Evidence: Best Eye witness – Non-examination of – Effect of– Held: Approach is not to find fault with non-examination of some best eye-witness but to analyse the evidence already on record to-ascertain whether that is sufficient to answer the matters in issue on the touchstone of preponderance of probability.Plea: New plea – Appellant seeking enhanced compensation before this Court –Permissibility of – Award of compensation amount by the tribunal, challenged on the limited ground of deduction of income tax from the calculated income before the High Court –Rejection of appeal by the High Court not challenged by the appellant – On appeal, held: The limited ground is not sustainable– Appellants cannot be permitted to widen the scope in the instant appeal, much less pray for enhanced compensation – Award passed by the tribunal is restored – Compensation.
Judge	Hon'ble Mr. Justice A.M. Khanwilkar
Neutral Citation	2019 INSC 200
Petitioner	Sunita & Ors.
Respondent	Rajasthan State Road Transport Corporation & Anr.
SCR	[2019] 3 S.C.R. 329
Judgement Date	2019-02-14
Case Number	1665

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