Hostility of Eyewitnesses in Criminal Trials Does Not Preclude Negligence Findings in Motor Accident Claims.

The deceased, Virender Kumar Vashisht, died in a road accident on November 3, 2007, when his motorcycle was allegedly hit by a CRPF bus (No. UP-16G-0142) driven by Sanjay Kumar

The Motor Accidents Claims Tribunal (MACT) awarded Rs. 8,14,829/- with 7.5% interest, finding the driver negligent based on eye-witness testimonies

Sanjay Kumar and the CRPF appealed challenging their liability, citing contradictions in witness descriptions of the vehicle and the fact that the driver was discharged in criminal proceedings

Simultaneously, the claimants appealed for an enhancement of the compensation amount

1. Whether the offending vehicle was involved in the accident and if negligence was established despite the driver's discharge in criminal proceedings

2. Whether the compensation awarded by the MACT required enhancement and realignment as per established judicial precedents regarding multipliers, future prospects, and non-pecuniary heads

The Court applied the principle of "preponderance of probability" for determining negligence in motor accident claims, distinguishing it from the "proof beyond reasonable doubt" standard in criminal law

It relied on National Insurance Company v. Pranay Sethi Ors. (2017) to determine the correct multiplier (17 for age 27), future prospects (40%), and standard amounts for funeral expenses and loss of estate (Rs. 15,000 each)

The Court further applied United India Insurance Co. Ltd. v. Satinder Kaur (2021) to delete "love and affection" and grant "consortium"

Meenakshi v. Oriental Insurance Co. Ltd. (2024) to establish that transport allowances cannot be deducted from salary when calculating dependency

The Court rejected the CRPF's appeal, holding that while two eye-witnesses (PW3 and PW5) turned hostile in criminal proceedings, their credible and consistent testimonies before the MACT regarding the accident sequence sustained the claim on a preponderance of probability

The discrepancies in vehicle color were deemed subjective and insufficient to override the identification of the vehicle number

Regarding enhancement, the Court found the MACT erred by using the mother’s age for the multiplier instead of the deceased’s age (27), and by wrongly deducting transport allowance from the income

By incorporating future prospects at 40% and applying the multiplier of 17, the Court recalculated the dependency to reflect the deceased's actual earning potential

The total compensation was enhanced from Rs. 8,14,829/- to Rs. 14,99,632/-, representing an increase of Rs. 6,84,803/-

The Court directed the enhanced amount to be deposited with the Registrar General within four weeks, with specific instructions for immediate release of a lump sum and the remainder to be structured in monthly Fixed Deposit Receipts for the claimant