RAJA RAM GARG Vs. CHHANGA SINGH

JUDGEMENT

(1.) B. P. Jeevan Reddy, C. J. This revision petition has been referred to a Division Bench by one of us (R. R. K. Trivedi, J. ). The question for consideration is whether further proceedings in the motor accident claim petition be stayed pending disposal of the criminal case.

(2.) THE petitioner is the driver of a truck bearing registration No. UTW 4700. Crime Case No. 230 of 1988 P. S. Raipura, District Banda, was registered against him under Section 307, I. P. C. with the allegation that he attempted to kill Pradeep Singh Sengar, Station House Officer of the said Police Station. After the death of the injured, the offence was converted into one under Section 302, I. P. C. THE allegation, in short, is that the petitioner, while driving the said truck, intentionally hit the motor-cycle, in which Pradeep Singh Sengar was travelling, and caused him serious injuries, which ultimately led to his death. We are told that the case has been committed and is now numbered as session trial No. 94 of 1988 on the file of the Additional Sessions Judge, Karvi. THE trial in the Sessions Court has not yet commenced.

(3.) IN law, there is no bar for both the proceedings going on simultaneously. While the criminal prosecution has been launched and is being conducted by the State, the claim petition is instituted by the legal heirs and representatives of the deceased. The judgment in the criminal court would not, be relevant in the claim petition under the Motor Vehicles Act, and certainly not for establishing the fact in issue, by virtue of Sections 40 and 43 of the Evidence Act. Similarly, the judgment in the claim petition would be equally not relevant in the criminal case/ sessions case, and certainly not for establishing the guilt of the accused therein.