Case Note & Summary
The appeal was filed by the Oriental Insurance Co. Ltd. (the insurer) challenging the judgment and award dated 04.04.2016 passed by the XVI Additional Judge, Court of Small Causes and MACT, Bangalore, in MVC No.3755/2014, whereby compensation of Rs.2,59,000/- with interest at 9% per annum was awarded to the claimant, Sri Pratik Kumar Tripathy, for injuries sustained in a road traffic accident. The claimant alleged that on 20.05.2014, while he was riding a motorcycle, a car bearing registration No.KA-05-MJ-5555 (insured with the appellant) driven by respondent No.2 (Sri Jayarama Reddy) dashed against him, causing injuries. The insurer contended that the vehicle was not involved in the accident and that the claim was false. The Tribunal, however, held the insurer liable. The High Court, on appeal, examined the evidence, including the police records and the claimant's testimony. The court noted that the police had filed a 'B' report (closure report) stating that the vehicle was not involved in the accident. The claimant did not challenge the 'B' report. The court found that the claimant failed to produce any credible evidence to prove the involvement of the insured vehicle. The court held that the burden of proof was on the claimant to establish that the accident occurred due to the negligence of the driver of the insured vehicle. Since the claimant failed to discharge this burden, the insurer cannot be held liable. The court allowed the appeal, set aside the award against the insurer, and directed the claimant to recover the compensation from the owner of the vehicle (respondent No.2) if already paid by the insurer.
Headnote
A) Motor Vehicles Act - Motor Accident Claim - Liability of Insurer - Burden of Proof - Claimant failed to prove that the insured vehicle was involved in the accident - The Tribunal erred in fastening liability on the insurer without proper evidence - Held that the insurer is not liable to pay compensation when the involvement of the vehicle is not established (Paras 1-10).
Issue of Consideration
Whether the insurer is liable to pay compensation when the vehicle alleged to have caused the accident is not proved to be involved in the accident.
Final Decision
Appeal allowed. The judgment and award of the Tribunal dated 04.04.2016 in MVC No.3755/2014 is set aside insofar as it fastens liability on the appellant/insurer. The claimant is at liberty to recover the compensation from the owner of the vehicle (respondent No.2) if already paid by the insurer.
Law Points
- Burden of proof in motor accident claims
- Liability of insurer when vehicle not involved in accident
- Appreciation of evidence in MACT cases
