Motor Accident | Car Owner Can Lead Independent Evidence On Issue Of Negligence Despite Driver's Plea Of Guilt: Kerala High Court

The Kerala High Court recently clarified that the owner of a vehicle involved in a motor accident can adduce independent evidence on the issue of negligence, even if the driver pleaded guilty in the criminal proceedings.Justice Mohammed Nias C.P. was considering a plea seeking to set aside the Motor Accidents Claims Tribunal's order wherein it dismissed a vehicle owner's interim application to summon a witness to disprove the police version since his driver pleaded guilty in the criminal proceedings.The claimant before the Tribunal was the Registrar General of the High Court. According to the claimant, in 2013, while a Judges' tour vehicle (Innova) was traveling from Ernakulam to Kannur, the petitioner/vehicle owner's car (Corolla), driven by a driver at high speed, collided with the Innova and caused damages.The petitioner's version was that the High Court vehicle was being driven rashly and at excessive speed when it hit his Corolla. In the criminal proceedings, the driver of the Corolla pleaded guilty and was convicted.While the claim petition was pending before the Tribunal, the petitioner filed two applications: one seeking to summon the Scientific Assistant, who conducted the sample paint comparison test, along with the report prepared in connection with the criminal proceedings. The other was seeking acceptance of the witness list, including the said expert and the driver.The Tribunal dismissed both applications solely because the driver had been convicted by the criminal court on the basis of his plea of guilt. Aggrieved, the petitioner has come before the High Court.The Court considered many precedents wherein it was categorically held that the result of a criminal case does not bind the Claims Tribunal and the parties are entitled to adduce evidence before the Tribunal to establish negligence.The Court came to the conclusion that the proceedings before Motor Accidents Claims Tribunal are civil in nature and that the issue of negligence has to be adjudicated on the basis of preponderance of probabilities, independent of the outcome of criminal proceedings. It observed:“In the present case, the petitioner sought permission to adduce independent evidence on the issue of negligence, which was declined by the Tribunal solely on the premise that the driver had pleaded guilty in the criminal proceedings. Such an approach runs contrary to the settled legal principles laid down by the Hon'ble Supreme Court and the High Courts. The petitioner, who was not an accused in the criminal case, cannot be non-suited in the claim proceedings without being afforded a fair opportunity to contest negligence by leading evidence. The Tribunal was therefore not justified in rejecting the applications at the threshold without examining their relevance or necessity.” The Court thus allowed the plea and set aside the Tribunal's orders. It also reserved the liberty of the Tribunal to consider the applications in accordance with law and to adjudicate the issue of negligence independently based on the evidence adduced by the parties.Case No: OP(MAC) No.18/2024Case Title: Menon P.S. v. The Registrar General, High Court of Kerala and Ors.Citation: 2026 LiveLaw (Ker) 95Counsel for the petitioner: R. Nikhil, Sajna JaleelCounsel for the respondents: Vinitha B. – R1, P.K. Manojkumar - SC - R2Click to Read/Download Judgment

Motor Accident | Car Owner Can Lead Independent Evidence On Issue Of Negligence Despite Driver's Plea Of Guilt: Kerala High Court

K. Salma Jennath

This is a premium content
Available exclusively to
Our subscribers

INR 1099+GST

Tags

Motor Accident | Car Owner Can Lead Independent Evidence On Issue Of Negligence Despite Driver's Plea Of Guilt: Kerala High Court

K. Salma Jennath

This is a premium content Available exclusively to Our subscribers

INR 1099+GST

Tags

This is a premium content
Available exclusively to
Our subscribers