FACTS IN FINAL REPORT
4. A final report was filed by the Assistant Commissioner of Police in the case arising out of FIR No. 1/2015. It was also mentioned in the chargesheet that the charges against the Appellant’s son had abated as he died in the accident. However, on the basis of the complaint made by the Appellant herein regarding irregularities in the conduct of the investigation, the District Police Chief, Kollam, directed the Assistant Commissioner of Police, Chathannoor to undertake a thorough investigation in the matter and further investigation commenced in the matter by the order of the JMFC, Paravur, Kollam under Section 173(8) of the CrPC and the final report was to be filed in accordance with law. It is also necessary to mention that the claim petition filed by the Appellant herein is against the owner and driver of the tanker lorry which is said to have collided with the Alto car driven by his son, as also against the insurer of the tanker lorry alleging negligence on the part of the driver of the tanker lorry. This claim petition is also pending.
5. The Assistant Commissioner of Police took over further investigation of the case and submitted a final report before the JMFC, Paravur, Kollam, stating that the incident was an unavoidable accident; that the incident had occurred because the Appellant’s son’s Alto car was trying to overtake a pick-up van and the driver of the van did not give way, and as a result, the car hit the van and thereafter collided with the tanker lorry. The final report dated 29.11.2019 is stated to be contrary to the earlier report dated 27.01.2016. It was stated in the final report that the incident was an unavoidable accident, not attributable to negligence on the part of the Appellant’s son.
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In this context, we could refer to judgments of this Court in the case of N.K.V. Bros. (P) Ltd. vs. M. Karumai Anmal reported in AIR 7 1980 SC 1354, wherein the plea that the criminal case had ended in acquittal and that, therefore, the civil suit must follow suit, was rejected. It was observed that culpable rashness under Section 304-A of IPC is more drastic than negligence under the law of torts to create liability. Similarly, in (2009) 13 SCC 530, in the case of Bimla Devi vs. Himachal Road Transport Corporation (“Bimla Devi”), it was observed that in a claim petition filed under Section 166 of the Motor Vehicles Act, 1988, the Tribunal has to determine the amount of fair compensation to be granted in the event an accident has taken place by reason of negligence of a driver of a motor vehicle. A holistic view of the evidence has to be taken into consideration by the Tribunal and strict proof of an accident caused by a particular vehicle in a particular manner need not be established by the claimants. The claimants have to establish their case on the touchstone of preponderance of probabilities. The standard of proof beyond reasonable doubt cannot be applied while considering the petition seeking compensation on account of death or injury in a road traffic accident. To the same effect is the observation made by this Court in Dulcina Fernandes vs. Joaquim Xavier Cruz, (2013) 10 SCC 646 which has referred to the aforesaid judgment in Bimla Devi.
10. In that view of the matter, it is for the Appellant herein to establish negligence on the part of the driver of the tanker lorry in the petition filed by him seeking compensation on account of death of his son in the said accident. Thus, the opinion in the final report would not have a bearing on the claim petition for the aforesaid reasons. This is because the Appellant herein is seeking compensation for the death of his son in the accident which occurred on account of the negligence on the part of the driver of the tanker lorry, causing the accident on the said date. It is further observed that in the claim petitions filed by the dependents, in respect of the other passengers in the car who died in the accident, they have to similarly establish the negligence in accordance with law.
PARTY: Mathew Alexander vs. Mohammed Shafi and Anr – Criminal Appeal No. 1931 of 2023 (Arising out of SLP (Crl.) No.8211 of 2022) – JULY 13, 2023
https://main.sci.gov.in/supremecourt/2022/24258/24258_2022_15_1501_44980_Judgement_13-Jul-2023.pdf
