CHOTU LAL Vs. CHAMALI BAI

JUDGEMENT

(1.) THIS appeal is directed against the judgment and award dated 13.4.1994 passed by the learned Motor Accidents Claims Tribunal, Bara, in Claim Case No. 29 of 1989, whereby a compensation of Rs. 70,200/ - has been awarded in favour of claimant -respondent Nos. 1 to 4, against the appellants driver and owner of the vehicle in question, i.e., tractor RRO 4676 for the accident occurred on 29.4.1985 on Kota -Shivpuri road near village Rani Barod wherein Ram Chandra who was struck by the tractor, died. The claim against the insurance company, respondent No. 5, was however dismissed as the driver, appellant No. 1, did not have a valid driving licence at the time of accident.

(2.) I have heard the arguments of both the sides on merits at this stage.

(3.) IN N.K.V. Bros. (P) Ltd. v. M. Karumai Animal 1980 ACJ 435 (SC), the hon'ble Supreme Court has held that the plea that a criminal case had ended in acquittal has no bearing in the claim case under Motor Vehicles Act, the requirement of culpable rashness under Section 304A, Indian Penal Code, is more drastic than the negligence sufficient under law of Torts to create a liability and the court in the accident claims cases should not succumb to niceties and technicalities and mystic maybes. Technical rules of evidence should not be applied in the accident claim cases. In Prem Kanwar v. Rajasthan State Road Trans. Corporation 1988 ACJ 65 (Rajasthan), this Court has held that the acquittal in criminal case is of no avail because in criminal case, prosecution has to be proved beyond reasonable doubt and in the cases of compensation matter, it is the preponderance of probabilities that decides the matter.