When Criminal Court Had Convicted A Person In Rash Driving Case, MACT Cannot Hold That Driver Was Someone Else: Karnataka HC
The Karnataka High Court has held that where a person was convicted in a rash driving case by a competent criminal court, the Motor Accident Claims Tribunal cannot be permitted to hold that he was not the driver of the car at the time of the accident.
The Court further added that the order of conviction itself cannot be overturned in a proceeding under the Motor Vehicles Act.
The bench of Justice NS Sanjay Gowda made this observation in a case wherein the claimant had alleged that when the deceased along with his grand-daughter was standing near a shop, a car driven by one Athaulla Khan collided with them, as a result of which, deceased suffered grievous injuries and ultimately succumbed to the same. Hence a claim for compensation was made.
The Insurer denied all the averments in the claim petition. The Insurer also contended that Athaulla Khan was not involved in the accident because in the MLC register and the wound certificate, the name of the driver was shown as Akthar who had caused the accident.
The Tribunal accepted the contentions of the Insurer by taking into consideration that there were discrepancies in the name of the driver in the medical records and accordingly exonerated the Insurer.
Advocate Hanumanthappa A appeared for the appellant whereas Advocate S. Nirmala appeared for the Insurance Company.
The High Court noted that the police had charge-sheeted Athaulla Khan and the Criminal Court, after trial, concluded that it was this Athaulla Khan who was driving the car in a rash and negligent manner and has also convicted him.
“In my view, in the light of the conviction that Athaulla Khan suffered at the hands of Criminal Court, it cannot be held that he was not the driver of the car at the time of the accident.”, the Court held.
Thus the Court set aside the impugned Order and held the Insurer liable for payment of compensation.
The Court modified the compensation of Rs. 4,43,000 awarded by the Tribunal to Rs 9,48,200.
Cause Title- Dilshad v. Athaulla Khan & Ors. with Connected matters
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