Trustworthy Witness Cannot Be Disbelieved In Motor Accident Case Solely Because Police Have Not Recorded His Statement During Investigation: Supreme Court
The Supreme Court observed that a witness who is otherwise found trustworthy cannot be disbelieved, in a motor accident case, only on the ground that the police have not recorded his statement during investigation.
The Court was hearing an Appeal challenging the judgment and order passed by the High Court which dismissed the Appellants’ appeal while affirming the Award passed by the Motor Accident Claims Tribunal by which the Appellants’ claim was dismissed.
The bench of Justice CT Ravikumar and Justice Prashant Kumar Mishra observed, “…a witness who is otherwise found trustworthy cannot be disbelieved, in a motor accident case, only on the ground that the police have not recorded his statement during investigation.”
Brief Facts-
The widow, minor child and parents of the deceased are the Appellants in the present proceedings. Deceased died in an accident on being knocked down by a car as he was riding his motorcycle. He died of the injuries sustained in the said accident which allegedly occurred on account of the negligence of the driver of the car.
The Court noted that there is abundance of evidence pointing to the fact that the car was involved in the accident. It said that the Courts below have not considered the evidence in true perspective and have misguided themselves to record perverse finding regarding non-involvement of the car in the accident.
The Court observed, “In claim cases, arising out of motor accident, the court has to apply the principles of preponderance of probability and cannot apply the test of proof beyond reasonable doubt.”
Accordingly, the Court set aside the judgment and order of the Courts below and allowed the claim Petition to award compensation to the Appellants with interest.
Finally, the Court allowed the Appeal.
Cause Title: Sajeena Ikhbal v. Mini Babu George (Neutral Citation: 2024 INSC 787)
