FIR and Charge Sheet Establish Negligence in Motor Accident Claims Absent Contrary Witness Testimony

The case arises from a motor vehicle accident on November 26, 2013, on the Yamuna Expressway.

A Swift car collided with the rear of a Canter (offending vehicle).

All four occupants of the car succumbed to their injuries.

The Motor Accident Claims Tribunal (MACT) held the Canter driver negligent and awarded compensation.

Magma (insurer of the Canter) appealed, alleging contributory negligence by the Swift driver and seeking composite negligence liability from Generali Central (insurer of the Swift).

In one connected appeal (MAC.APP. 334/2023), claimants sought enhancement of compensation for deceased Rishabh Mahajan, arguing the MACT wrongly applied unskilled minimum wages despite his professional BCA studies.

1. Whether contributory negligence can be attributed to the driver of a vehicle that strikes another from behind based solely on the nature of the collision.

2. Whether the testimony of an eyewitness not mentioned in the FIR or criminal proceedings can be deemed reliable to establish sole negligence.

3. Whether an inference of negligence can be drawn based on the FIR and charge sheet in the absence of other witness testimonies.

4. Whether the compensation for a student pursuing a professional degree should be calculated based on the minimum wages of an unskilled worker.

The Court applied the test of preponderance of probabilities for assessing negligence in claim inquiries under Section 165 and 169 of the Motor Vehicles Act, 1988.

It relied on the doctrine of res ipsa loquitur ("the thing speaks for itself"), which shifts the burden of proof to the defendant to rebut an inference of negligence.

The Court followed Ranjeet v. Abdul Kayam Neb (2025) and Meera Bai v. ICICI Lombard (2025), establishing that a charge sheet against a driver is a strong circumstance to prove negligence even if eyewitnesses are not examined.

Regarding quantum, it followed National Insurance Co. Ltd. v. Pranay Sethi (2017) for standardized awards under conventional heads (loss of estate and funeral expenses).

The Court upheld the MACT’s reliance on PW-4, an eyewitness who testified that the Canter suddenly swerved into the Swift’s lane and applied emergency brakes.

The Court noted that the insurer failed to summon the Canter driver to rebut this testimony or prove contributory negligence.

Relying on Ranjeet and Meera Bai, the Court found that the filing of a charge sheet against the Canter driver was sufficient to establish negligence.

Regarding the doctrine of res ipsa loquitur, the Court held that since the Canter’s management was with the defendant and the accident wouldn't typically occur without negligence, the burden shifted to the insurer, which it failed to discharge.

For the quantum of deceased Rishabh Mahajan, the Court reasoned that as a BCA student, awarding unskilled wages was improper; it applied the potentiality of a skilled worker's income.

In MAC.APP. 334/2023, the Court allowed the enhancement of compensation for Rishabh Mahajan, increasing it from ₹13,50,603/- to ₹16,03,063/- by applying skilled worker wages and adjusting conventional heads per Pranay Sethi.

The Insurance Company was directed to deposit the enhanced and balance amounts before the MACT/Registrar General within specified timelines for release to the claimants.