Supreme Court

Claim petitions under welfare legislation must be decided on preponderance of probability, not proof beyond reasonable doubt.

Raj Kumar Das (D) Thr. Lrs. vs National Insurance Co. Ltd.

Supreme CourtJUDGMENT: May 25, 20263 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

On May 21, 2004, the original claimant was allegedly knocked down by a lorry (WB-41-3999) after alighting from a rickshaw, resulting in traumatic paraplegia and permanent disability.

Source reference: p. 1-2

He filed a claim under Section 163A of the Motor Vehicles Act, 1988.

Source reference: p. 2

The Motor Accident Claims Tribunal (MACT) dismissed the petition in 2007, finding a failure to prove that injuries were caused by the alleged accident.

Source reference: p. 2

The High Court of Calcutta affirmed this dismissal in 2022, citing "glaring" discrepancies in records, such as an MRI report mentioning a "fall from lorry" and a slight variation in the vehicle registration number in oral testimony.

Source reference: p. 2, 5-6

The original claimant died during pendency and is represented by his legal heirs.

Source reference: p. 3
02

Issues

1. Whether the material on record reasonably established that the injuries sustained arose out of the motor vehicle accident despite minor discrepancies in documentation.

Source reference: p. 3 / para. 7

2. Whether hyper-technical evidentiary standards (proof beyond reasonable doubt) can be applied to summary proceedings under a welfare legislation like the Motor Vehicles Act.

Source reference: p. 3, 9 / para. 8, 19

3. Whether the Court can grant "just compensation" exceeding the structured formula of Section 163A by invoking Article 142 of the Constitution.

Source reference: p. 11-12 / para. 21, 24
03

Law Applied

The Court applied Section 163A of the Motor Vehicles Act, 1988, noting that it provides a "no-fault" liability framework where negligence need not be proved.

Source reference: p. 4

It relied on Mathew Alexander v. Mohammed Shafi and Sunita v. Rajasthan State Road Transport Corporation, establishing that claim petitions must be decided on the "touchstone of preponderance of probability" rather than proof beyond reasonable doubt.

Source reference: p. 4, 7-8

It further referred to U.P. SRTC v. Trilok Chandra regarding defects in the Second Schedule and National Insurance Co. Ltd. v. Pranay Sethi and Sarla Verma v. DTC regarding the calculation of "just compensation" and future prospects.

Source reference: p. 10, 11-12
04

Reasoning

The Court reasoned that the High Court and Tribunal erred by adopting a "hyper-technical approach".

Source reference: p. 9

It held that medical history in emergency reports (e.g., "fall from lorry") is often based on attendant hearsay and cannot displace consistent documentary evidence like the FIR and chargesheet.

Source reference: p. 5

Similarly, minor delays in FIRs are natural in grievous injury cases where medical treatment is the priority.

Source reference: p. 5-6

The Court clarified that a witness's inability to recall a precise registration number years later does not outweigh consistent police records.

Source reference: p. 6

It emphasized that in summary proceedings, courts must differentiate between contradictions that render an accident improbable and those reflecting mere human or clerical imperfections.

Source reference: p. 4

Finding that the accident was established on a balance of probabilities, the Court determined that the 100% disability justified a move beyond the restrictive "structured formula" of the old Section 163A to provide effective relief.

Source reference: p. 11-12
05

Holding

The Supreme Court set aside the judgments of the MACT and the High Court.

It held that the claimant established the accident on the balance of probabilities and that the 20-year delay necessitated finality.

Source reference: p. 10

Relying on Article 142 of the Constitution to ensure substantial justice, the Court awarded "just compensation" based on Section 166 principles.

Source reference: p. 12

The Respondent-Insurer was directed to deposit Rs. 14,90,000/- with 6% interest from the date of filing before the MACT for release to the legal representatives.

Source reference: p. 14
Supreme Court

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Raj Kumar Das (D) Thr. Lrs.vsNational Insurance Co. Ltd.

Supreme Court · May 25, 2026

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