Non-Examination Of 'Best Witness' Not Fatal In MACT Cases: SC [Read Judgment]

The bench comprising Justice AM Khanwilkar and Justice Ajay Rastogi observed that a hyper technical and trivial approach should not be adopted in a case for compensation under the Act, in connection with a motor vehicle accident resulting in the death of a family member.

In Sunita vs. Rajasthan State Transport Corporation, the High Court had set aside the Tribunal mainly on the ground that the best witness in the case was the pillion rider, who had survived the accident, and he was not examined. It also observed that Tribunal erred in placing reliance on the deposition by another witness who could not even tell in his cross--examination with regard to the age of the person, who was sitting on the pillion seat.

In appeal filed by claimants, the Apex Court bench observed that non-examination of the pillion rider, would not be fatal to the case. The court said:

"The approach in examining the evidence in accident claim cases is not to find fault with non examination of some "best" eye witness in the case but to analyse the evidence already on record to ascertain whether that is sufficient to answer the matters in issue on the touchstone of preponderance of probability."

With regard to the other witness, the bench observed that inability of the witness to identify the age of the pillion rider cannot, per se, be a militating factor to discard his entire version especially since the presence of the witness at the time and place of the accident has remained unshaken and including his deposition regarding the manner of occurrence of the accident and identity of the driver of the offending vehicle.

The bench reiterated that, while deciding cases arising out of motor vehicle accidents, the standard of proof is of preponderance of probability and not the strict standard of proof beyond all reasonable doubt which is followed in criminal cases. Once the foundational fact, i.e the actual occurrence of the accident, has been established, then the Tribunal's role would be to calculate the quantum of just compensation if the accident had taken place by reason of negligence of the driver of a motor vehicle and, while doing so, the Tribunal would not be strictly bound by the pleadings of the parties, the court said.

The High court had also found fault with one of the witness being named in the list of eye witnesses in the criminal proceeding. On this aspect, the bench said:

"There is nothing in the Act to preclude citing of a witness in motor accident claim who has not been named in the list of witnesses in the criminal case. What is essential is that the opposite party should get a fair opportunity to cross examine the concerned witness. Once that is done, it will not be open to them to complain about any prejudice caused to them. If there was any doubt to be cast on the veracity of the witness, the same should have come out in cross examination, for which opportunity was granted to the respondents by the Tribunal. "

Setting aside the High Court order, the bench restored the award passed by the Tribunal.

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