Summary
The Court restored a motor-accident award after finding that the High Court had wrongly rejected an independent eyewitness’s substantially unchallenged evidence and relied on a hearsay FIR. Accident claims require proof on a preponderance of probabilities. Compensation was enhanced by adding 40% to the deceased’s annual income for future prospects, with recalculation by the Tribunal and interest at the rate already awarded.
Issues
- Whether the High Court properly displaced the Tribunal’s finding of negligent driving by rejecting an independent eyewitness.
- Whether compensation should include future prospects.
Held
- An independent person who helped take the injured to hospital could not be disbelieved merely because the hospital record named a police officer or because the witness had not himself lodged an FIR. The High Court’s adverse inference rested on conjecture. (¶¶ 13, 14, 15, 16, 17, 18)
- Failure to challenge the eyewitness’s material account in cross-examination, despite opportunity, supported an inference of tacit admission. Motor-accident claims require a holistic assessment on preponderance of probabilities rather than the criminal standard of proof beyond reasonable doubt. (¶¶ 19, 20, 21, 22)
- The owner-driver was not the FIR’s author and did not testify to substantiate his pleaded defence blaming the truck driver. The hearsay FIR and circumstances of its preparation did not outweigh the reliable eyewitness account; the Tribunal’s negligence finding was restored. (¶¶ 11, 12, 23, 24)
- The deceased’s undisputed age warranted a 40% addition to annual income for future prospects. The Tribunal was to recalculate within one month, with the insurer to deposit within one month thereafter and interest at 8.5% as in the original award on the whole compensation. (¶¶ 25, 26)
Result
High Court judgment set aside; Tribunal’s compensation restored with a 40% addition to annual income for future prospects and 8.5% interest as awarded by the Tribunal. Recalculation and deposit directed within successive one-month periods; no order as to costs.