Rule Of Evidence To Prove Charges In A Criminal Trial Cannot Be Used While Deciding Motor Accident Compensation Claims: Supreme Court

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Motor Vehicles Act, 1988; Section 166 - Rule of evidence to prove charges in a criminal trial cannot be used while deciding an application under Section 166 - It has to be decided on the basis of evidence led before it and not on the basis of evidence which should have been or could have been led in a criminal trial. 

The court observed thus while allowing an appeal filed against a judgment of Bombay High Court which had set aside an award passed by the Motor Accident Claims Tribunal awarding a sum of Rs.8,90,000/- along with interest @7% p.a. The bench noted that the High Court set aside the award on the ground that neither the owner of the offending car nor the Insurance Company has examined the driver to prove that the offending car was not involved in the accident. Disapproving this approach, the bench noted the evidence on record and observed:

"We find that the rule of evidence to prove charges in a criminal trial cannot be used while deciding an application under Section 166 of the Motor Vehicles Act, 1988 which is summary in nature. There is no reason to doubt the veracity of the statement of appellant No. 1 who suffered injuries in the accident. The application under the Act has to be decided on the basis of evidence led before it and not on the basis of evidence which should have been or could have been led in a criminal trial. We find that the entire approach of the High Court is clearly not sustainable."