Bus-Crash Passenger Gets ₹2 Lakh As Karnataka HC Reverses Claim Rejection Over Ticket Discrepancies

On 1 December 2011, the claimant alleged that he was injured when a bus in which he was travelling struck a road divider and fell into a ditch.

He sought compensation under Section 166 of the Motor Vehicles Act, 1988, from the bus’s owner and insurer.

The Tribunal dismissed the claim, finding that the claimant had not established that he was travelling in the insured bus; it relied on discrepancies concerning the bus and travel ticket.

The claimant appealed under Section 173(1) of the Act

The claim was brought under Section 166 of the Motor Vehicles Act, 1988, with the appeal under Section 173(1).

The Court applied the principle that the standard of proof in motor accident claims is the preponderance of probabilities, not proof beyond reasonable doubt

The judgment cites no specific precedent.

The Court considered the FIR and other police records, the wound certificate, the vehicle inspection report, and the original ticket counterfoil.

Although the ticket did not identify the bus number, named another travel operator, and was issued in another person’s name, the owner’s cross-examination did not materially challenge the claimant’s account, and the insurer had not cross-examined him on those discrepancies.

The Court held that the Tribunal had applied too exacting a standard of proof and that the evidence, assessed on a balance of probabilities, supported the claimant’s account

For quantum, the Court allowed documented medical expenses of Rs. 1,73,928 and Rs. 25,000 for pain and suffering.

As the claimant continued in railway service and did not establish disability through medical evidence, it declined compensation for loss of earning capacity, amenities, or laid-up-period income

The claim was allowed for Rs. 2,00,000, with interest at 6% per annum from the date of the claim petition until deposit.

The insurer was directed to deposit the amount within six weeks, and the deposited compensation was ordered released to the claimant