Summary of the Judgment
Case Name: Sajeena Ikhbal & Ors. v. Mini Babu George & Ors.
Date: 17 October 2024
Judges: Hon’ble Justice C.T. Ravikumar, Hon’ble Justice Prashant Kumar Mishra
Advocates:
Mr. Thomas P. Joseph (for the Appellants),
Mr. Atul Nanda (for Respondent No. 3)
Acts and Sections:
Motor Vehicles Act, 1988
Article 136 of the Constitution of India
Cited Judgments:
Mangla Ram v. Oriental Insurance Co. Ltd., (2018) 5 SCC 656
Introduction
On 17 October 2024, the Supreme Court of India delivered its judgment in Sajeena Ikhbal & Ors. v. Mini Babu George & Ors., a civil appeal concerning a motor vehicle accident. The appeal challenged the High Court of Kerala’s dismissal of the appellants’ claim, which sought compensation for the death of Ikhbal, who was involved in a fatal accident in 2013. The Supreme Court overturned the High Court's decision and awarded compensation to the appellants. This case highlights crucial aspects of motor vehicle accident claims, the importance of evaluating evidence through the lens of preponderance of probability, and the broader question of how courts assess negligence in such cases.
Factual Background
The appellants in the case were the widow, minor child, and parents of the deceased Ikhbal, who tragically lost his life in a motorcycle accident on 10 June 2013. The accident occurred when Ikhbal was riding his motorcycle and allegedly attempted to overtake a K.S.R.T.C. bus at a junction. At the same moment, a car driven by Respondent No. 2 approached from the opposite direction and collided with the motorcycle, resulting in Ikhbal’s fatal injuries. The appellants filed a claim under the Motor Vehicles Act, seeking compensation from the car's owner (Respondent No. 1), the driver (Respondent No. 2), and the insurer (Respondent No. 3).
The respondents, however, contested the claim, asserting that the accident occurred due to Ikhbal’s own negligence. They argued that Ikhbal lost control of his motorcycle while attempting to overtake the bus and collided with the bus, not the car. According to them, the car had no involvement in the accident. The Motor Accident Claims Tribunal (MACT) dismissed the appellants’ claim, concluding that the appellants had failed to prove that the car was involved in the accident and that the accident was caused by negligent driving on the part of Respondent No. 2. The High Court affirmed this dismissal.
Legal Issues and Arguments
The primary issue before the Supreme Court was whether the car driven by Respondent No. 2 was involved in the accident and, if so, whether the accident resulted from the negligent driving of Respondent No. 2.
Mr. Thomas P. Joseph, learned senior counsel for the appellants, argued that both the MACT and the High Court had erred in dismissing the claim. He contended that there was ample evidence demonstrating the involvement of the car in the accident, including witness testimony and physical evidence. He further argued that the courts below had failed to apply the legal principle of res ipsa loquitur (the thing speaks for itself), which could establish negligence on the part of Respondent No. 2 without direct evidence of fault.
On the other hand, Mr. Atul Nanda, representing Respondent No. 3, argued that the findings of the MACT and the High Court were correct and warranted no interference. He maintained that the evidence on record did not prove the car’s involvement in the accident and suggested that Ikhbal’s attempt to overtake the bus was the sole cause of the accident.
Evidence and Testimony
The appellants presented six witnesses, while the respondents examined two. Both parties also submitted documentary evidence. The Supreme Court closely examined the testimonies of key witnesses and the findings of the courts below, particularly focusing on whether the lower courts had adequately appreciated the available evidence.
One of the most significant witnesses was PW-6, an eyewitness to the accident. He testified that he had seen Ikhbal’s motorcycle overtaking the bus and being hit by the car driven by Respondent No. 2. PW-6’s testimony was crucial because it directly contradicted the respondents’ claim that the car was not involved in the accident. The Court noted that PW-6 had remained firm in his cross-examination and had no reason to provide false testimony.
The Court also considered the testimony of PW-5, the Station House Officer (SHO) who prepared the Mahazar (site inspection report) of the vehicles involved in the accident. The Mahazar revealed damage to the car, including dents on the front bumper, a broken parking light, and scratches on the right side of the car’s body. The damage was consistent with a collision with Ikhbal’s motorcycle, further supporting the appellants’ claim.
Another key piece of evidence was the testimony of PW-2, the driver of the K.S.R.T.C. bus. PW-2 testified that after hearing the sound of the accident, he looked back and saw Ikhbal lying on the road. He stated that nearby people informed him that the car had hit the motorcycle. This testimony, although hearsay, was consistent with the physical evidence and the testimony of PW-6.
Court’s Reasoning
The Supreme Court, in its judgment delivered by Hon’ble Justice Prashant Kumar Mishra, criticised the lower courts for disregarding crucial evidence, particularly the testimony of PW-6. The Court observed:
"A witness who is otherwise found trustworthy cannot be disbelieved, in a motor accident case, only on the ground that the police have not recorded his statement during investigation."
The Court noted that the MACT and the High Court had failed to appreciate the principle of preponderance of probability, which is the appropriate standard of proof in motor accident claims. Unlike criminal cases, which require proof beyond reasonable doubt, motor accident claims require only that the evidence demonstrates a greater likelihood of one party’s version being true. The Court emphasised that the physical damage to the car, the testimony of PW-6, and the Mahazar all pointed to the car’s involvement in the accident.
In particular, the Court found it implausible that the car could have sustained such significant damage—dents, broken lights, and scratches—if it had not been involved in the accident. The Court also highlighted the respondents’ admission that the car was at the scene of the accident, which further undermined their claim that the car was not involved.
Conclusion
The Supreme Court concluded that the evidence overwhelmingly supported the appellants’ claim that the car was involved in the accident and that Respondent No. 2’s negligent driving had contributed to Ikhbal’s death. As a result, the Court set aside the judgments of the MACT and the High Court, allowing the appellants’ claim for compensation.
The Court awarded the appellants compensation of ₹46,31,496 with interest at 9% per annum from the date of filing the claim petition until the payment is realized. If the respondents fail to pay the compensation within three months, the interest rate will increase to 12% per annum.
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