AKHIL CHANDRA BHOWMIK Vs. GURDIT SINGH

JUDGEMENT

(1.) THIS appeal is against the judgement and order dated 15-12-73 passed by the Presiding Officer. Motor Accident Claims Tribunal at Jorhat in M.A.C. Case No.88/68.

(2.) THE learned Tribunal has dismissed the claim for compensation for the death of the claimant's son in a motor accident which occurred on 28-6-64. The learned Tribunal concluded that the claimant had failed to discharge his burden to establish the identity of the 'offending vehicle' or the vehicle involving the accident. The claimant in his petition mentioned that the vehicle responsible for causing death of his son was a truck and set forth the registered number in his claim petition as ASJ 2254. However, the learned Tribunal held that the claimant had miserably failed to adduce any evidence to establish that vehicle No. ASJ 2254 was the vehicle responsible for the accident, to fasten liabilities on the insured, insurer or the driver of vehicle No. ASJ 2254.

(3.) WE shall undoubtedly try to give meaning to the evidence bearing in mind the colossal loss but all such interpretations or constructions must be in accordance with law. The core of justice is the exclusion of arbitrariness. We are not knight errants nor can we set right every wrong which might be paraded before us without adequate regards to the rules of the game. We are bound within checks, restraints and limit of the laws. We cannot innovate a principle of law of evidence or the case to depart from in the next. The principles must be consistent, consonant and uniform. The burden Of proof is on the claimant to establish that the opposite parties are obliged to pay compensation. The obligation to pay compensation arises only when the party is legally liable to pay such compensation. 'The liability accrues only when the person is the owner or driver or person directly or indirectly responsible for the accident or the insurer who has statutory liabilities. Therefore, in a motor accident case it is the bounden duty of the claimant to establish, inter alia, that (i) a motor vehicle caused the accident resulting in the death Or injury of a person, (ii) .'the persons liable" are 'the insured, insurer, driver of the vehicle or persons responsible for the accident. It may be established by preponderance of probabilities. The claimant alleged in his application that truck No. ASJ 2254 was responsible for the accident. So the owner, driver and the insurer were liable to pay compensation but the focal point is whether he has adduced any evidence or material to show that vehicle No. ASJ 2254 was the offending vehicle or the vehicle responsible for the accident.