Facts
The claimants, the deceased Ramegowda’s wife and four children, sought compensation under Section 166 of the Motor Vehicles Act, 1988, alleging that an LML Freedom motorcycle owned by the appellant struck Ramegowda’s bicycle and caused his death
Source reference: p. 3The appellant denied involvement of his motorcycle, asserted that a Bajaj Pulsar had caused the accident, and relied, among other things, on an MLC register extract and evidence relating to the criminal proceedings
Source reference: pp. 4, 6–8The Tribunal found the appellant’s vehicle responsible and awarded ₹7,27,119 with interest at 8% per annum, holding the owner liable
Source reference: p. 5The owner appealed under Section 173(1) of the Act
Source reference: p. 2Issues
Whether the appellant’s motorcycle was falsely implicated in the accident and the Tribunal erred in finding the appellant liable
Source reference: p. 9Law Applied
Under Section 166 of the Motor Vehicles Act, claimants may rely on prosecution records to substantiate actionable negligence; the Court, relying on ICICI Lombard General Insurance Co. Ltd. v. Rajani Sahoo, (2025) 2 SCC 599, stated that such reliance shifts the burden to the owner to establish otherwise
Source reference: p. 10A criminal-court acquittal does not, by itself, require the same finding in a motor-accident claim, and inconsistent positions in separate proceedings are relevant circumstances but do not automatically determine which version is true
Source reference: p. 10The appeal was brought under Section 173(1) of the Act
Source reference: p. 2Reasoning
The Court considered the prosecution material supporting the claimants’ account, including the FIR, charge sheet, spot records and evidence of PW.2
Source reference: pp. 9–11Although the MLC extract recorded different motorcycle details, the corrections were not countersigned, and the doctor did not explain or establish that they were authorised; the extract therefore did not prove false implication
Source reference: p. 11The Court also found the owner’s eyewitness, RW.3, unreliable in light of omissions and admissions, and found no basis in the vehicle inspection report to conclude that the motorcycle had been falsely implicated
Source reference: pp. 11–12The alleged inconsistency between PW.1 and PW.2, the road’s potholes, and the criminal proceedings did not displace the Tribunal’s finding on the evidence as a whole
Source reference: pp. 9–10, 12Holding
The Court answered the issue in the negative, holding that the Tribunal’s finding was supported by the record and was not perverse
The appeal was dismissed, and the amount deposited was ordered to be transmitted to the Tribunal for payment
Source reference: p. 13Acts & Sections Cited
2 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.
Motor Vehicles Act, 19882
Original Court PDF
K.R. ARAVINDABABUvsSMT. SUSHEELAMMA
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Original judgment, available to read, download and summarize on LawLens.in
