Insurance liability cannot be fastened without cogent proof of the insured vehicle’s involvement.

On 05.02.2007, Puran Chand allegedly died in a road accident near Shantipuri Gola Gate, Nagla, District Udham Singh Nagar, when a truck bearing registration No. UA-04-C-0548 collided with his motorcycle.

Although the FIR was initially lodged against an unknown vehicle, the claimants subsequently alleged that the insured truck was the offending vehicle based principally on eyewitness testimony.

The Motor Accident Claims Tribunal held that the truck was involved in the accident and that its driver was negligent.

The Insurance Company challenged the award under Section 173 of the Motor Vehicles Act, 1988.

The claimants filed a cross-objection seeking enhancement of compensation, which was admitted after condonation of a 43-day delay.

The appeal was examined under Section 173 of the Motor Vehicles Act, 1988, which permits an aggrieved party to challenge an award of the Motor Accident Claims Tribunal.

The claimant bears the foundational burden of establishing, through reliable evidence, the involvement of the particular offending vehicle in the accident; negligence and liability against the insurer cannot be sustained unless such involvement is first proved.

The Court distinguished The Oriental Insurance Co. Ltd. v. Leeladhar Joshi & Others, 2014 SCC OnLine Utt 1356, where the eyewitness identification remained uncontroverted, and Smt. Shanti Joshi & Others v. Salig Ram Saini & Another, Appeal from Order No. 463 of 2011, which turned on materially different evidentiary circumstances.

The Court found that the claimants’ case substantially depended on PW-2, Mohd. Salim.

However, PW-2 admitted that, because of darkness, he could not see the registration number of the vehicle and that the truck fled from the spot.

The FIR had also been lodged against an unknown vehicle.

In the absence of satisfactory independent evidence explaining how the insured truck was subsequently identified, the Court held that the essential fact of the insured vehicle’s involvement had not been established.

Since proof of involvement was foundational to any finding of negligence and insurer liability, the Tribunal’s consequential findings could not stand.

The cross-objection for enhancement also failed because it presupposed that liability had been validly fastened upon the Insurance Company.

The Tribunal’s judgment and award dated 09.07.2012 were set aside insofar as they fastened liability upon the Insurance Company in respect of the alleged accident involving truck No. UA-04-C-0548.

The Insurance Company was permitted to recover the amount already released to the claimants, namely 50% of the amount deposited pursuant to the High Court’s earlier order dated 10.07.2014.

The statutory amount deposited before the High Court was directed to be remitted to the Claims Tribunal for release to the Insurance Company.