Mitali Palnitkar
Published on: March 19, 2022 at 19:56 IST
The Gujarat High Court held that when Proceedings are Instituted against a driver for causing a Motor Accident due to Negligence, then the Driver’s Statement cannot form a part of the Charge-sheet filed against him.
Justice Umesh Trivedi opined that the driver’s Statement Recorded in the said Criminal Case cannot form a part of the Charge-sheet as it cannot be used against him during the Trial.
The Court was hearing an Appeal under Section 173 of the Motor Vehicles Act Challenging the Order passed by the Motor Accident Claims Tribunal, wherein a Compensation worth Rs 25,28,000 with 9% Interest per annum was Awarded to the Claimants.
The Compensation was Awarded for the Death of Victim caused in an Accident when the Opponent’s truck dashed with his motorcycle.
The Appellant argued that the Deceased was Negligent while crossing the road on a highway in between the divider. He claimed that it Amounted to Contributory Negligence.
To support his contention, he relied on the First Information Report (FIR), wherein it was stated that the accident took place while crossing road from the divider.
The Court opined that the Appellant’s Statement Recorded in the Case could not be used against him during the Trial.
Also, in the Absence of Examination of driver before the Tribunal, the Evidence with respect to the driver’s Sole Negligence could not be Disputed before the Insurance Company.
It further Noted that the Insurance Company failed to Cross-Examine the driver of the Offending vehicle to assert its Contentions.
Therefore, the Court held that the Tribunal was right in holding the driver as Solely Responsible and Negligent for causing the Death of Deceased. Accordingly, the Appeal was Dismissed.
Also Read: Gauhati HC: Borrower of Insured Vehicle not entitled to Compensation in Motor Accident Cases