Monghiben Karshan Ayar & Ors. vs Kantilal Gopalji Thakkar & Ors.

Headnote AI-drafted · Reviewed and approved

The appellants, being the legal heirs of deceased victims of a motor accident that occurred on 03.05.1994 near Adipur, preferred a First Appeal under Section 173 of the Motor Vehicles Act, 1988, against the judgment and award dated 10.09.2013 passed by the Motor Accident Claims Tribunal (Aux.-6), Kachchh at Bhuj in Motor Accident Claim Petition No. 542 of 1994, whereby the Tribunal had rejected the claim petition on the ground that the claimants had not disclosed correct facts and had suppressed material facts.

The claimants contended that an ST bus bearing number GJ-1-Z-2225, driven by the ST driver, had lost control and dashed into persons standing by the roadside, resulting in the death of three persons and injury to one. The Tribunal dismissed the claim on the basis that the claimants presented a version inconsistent with the FIR and suppressed the fact that four persons were riding the scooter, treating this as concoction. The appellants argued that the Tribunal committed gross error in discarding independent eyewitness testimony, failed to properly evaluate documentary evidence, and pronounced judgment without affording proper opportunity of hearing to the appellants.

The appellants relied upon several Supreme Court decisions to contend that strict rules of pleading and proof do not apply to motor accident claim proceedings, that delay in filing of FIR is not fatal to a claim, that adverse inference ought to be drawn against the driver and owner who did not enter the witness box, and that non-mention of vehicle number is not fatal to a claimant's case. The High Court took up the appeal for consideration of whether the Tribunal was justified in rejecting the claim petition.

Catchwords: Motor Vehicles Act · motor accident claim · suppression of material facts · eyewitness testimony · FIR delay · strict pleading rules inapplicable · opportunity of hearing · ST bus accident · compensation · adverse inference · First Appeal