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Civil · Reportable judgment

Anil & Ors. vs New India Assurance Co. Ltd. & Ors.

Court
Supreme Court of India
Date
19 January 2018
Case No.
Civil Appeal Nos. 3291-3292 of 2011
Result
Dismissed
Bench
Dipak Misra, D.Y. Chandrachud, A.M. Khanwilkar
Citation
[2018] 1 S.C.R. 321 : 2018 INSC 40
Supreme Court Reports [2018] 1 S.C.R. 321 : 2018 INSC 40
Headnote

Motor Vehicles – Accident – Claim for compensation – Tractor ran over the deceased – Tribunal held that the accident had occurred due to the negligence of the driver and granted compensation – High Court reversed the decision of the Tribunal – On appeal, held: The circumstance that no post-mortem was conducted on the deceased is an extremely significant aspect – The fact that a complaint was not lodged for nearly one month is a significant omission in the case – Also, there were no hospital records to indicate, from the nature of the injuries, that death had occurred due to an accident of the nature alleged – Each of the circumstance relied upon by the High Court is germane to the ultimate conclusion that a false case was set up to support a claim for compensation. Prosecution case was that PW-1 together with two others (including PW2) was proceeding in a tractor, when deceased signaled for the tractor to stop. However, the tractor ran over the deceased. Tribunal adverting to the evidence of PW1 and PW2, the alleged eye-witnesses and the FIR registered u/s.279/304-A, held that the accident had occurred due to the negligence of the tractor driver and granted compensation. However, High Court reversed the decision of the Tribunal. Hence the present appeals.

Dismissing the appeals, the Court

Read the full headnote (2 more paragraphs)

HELD: 1. In appeal, the High Court has adverted in significant detail to a number of “disturbing facts” which have emerged from the narration of the case by the claimants. The circumstance that no post-mortem was conducted is an extremely significant aspect of the case which has justifiably weighed with the High Court. Moreover, the High Court found that if there were three passengers in the tractor, all of whom had known that the driver had by his negligent act run over the deceased, the most natural conduct would have been to lodge a complaint. The person who died was the brother of the owner of the tractor. Hence, the fact that a complaint was not lodged for nearly one month is a significant omission in the case. The High Court has also noticed that there were no hospital records to indicate, from the nature of the injuries, that death had occurred due to an accident of the nature alleged. The deceased was conducting a transport business with his brother and was an income tax assessee. The fact that proper medical records were not available has, in this background, weighed with the High Court. [Para 3][323-D-E; 324-C-F]

2. Each of the circumstances relied upon by the High Court is germane to the ultimate conclusion that a false case was set up to support a claim for compensation. The appellants have not been able to displace the careful analysis of the evidence by the High Court and the findings which have been arrived at. [Para 4][324-G-H]

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The Judgment of the Court was delivered by DR. D. Y. CHANDRACHUD, J. 1.The Punjab and Haryana High Court by its judgment dated 6 September 2010 reversed a decision of the Motor Accident Claims Tribunal, Rewari dated 6 February 2001. The Tribunal awarded compensation of Rs. 21,38,000/- together with interest at the rate of 9 percent per annum to the appellants. The High Court reversed the award on the ground that the appellants had set up a “brazenly false case…to stage manage a fake involvement of the insured’s vehicle”. 2. The deceased was a person by the name of Ram Kanwar. His brother Sat
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