Case Name: Civil Appeal No. ___ of 2026 (Arising out of SLP (C) No. 3585 of 2023)
Court/Authority: Supreme Court of India, Civil Appellate Jurisdiction
Judgment Date: 25 May 2026 (New Delhi)
Original Accident Date: 21 May 2004
Claim Petition Filed: 9 February 2005 (MACC No. 49/2005, later MACC 163/2007)
Tribunal Order Dismissing Claim: 11 September 2007
High Court Order Dismissing Appeal: 27 September 2022
Period of Dispute: 2004‑2026
Parties Involved
Appellant: Raj Kumar Das (deceased), represented by his legal representatives
Respondent: National Insurance Co. Ltd (insurer)
Other Entities: Motor Accident Claims Tribunal (MACT), High Court at Calcutta, Judges Vikram Nath and Sandeep Mehta
Issues / Allegations / Violations
Claim under Section 163A of the Motor Vehicles Act, 1988 for compensation due to permanent disability (paraplegia) resulting from the accident.
Earlier tribunals dismissed the claim on the ground that the accident was not proved and cited discrepancies in the FIR, medical records, and vehicle registration details.
Question of the appropriate standard of proof (pre‑ponderance of probability vs. beyond reasonable doubt) and the adequacy of compensation under the Second Schedule of the Act.
Findings & Observations
The Supreme Court emphasized that claims under the Act are to be decided on the pre‑ponderance of probability; negligence need not be proved.
Minor inconsistencies (MRI report wording, delay in FIR filing, variation in vehicle registration number, hospital receipt mismatches) were held non‑fatal and did not defeat the claim.
The cumulative evidence – police FIR, chargesheet, claimant’s testimony, and medical records – established that the claimant was struck by the lorry (WB‑41‑3999) after alighting from a rickshaw.
The Court noted that the claimant was a 37‑year‑old brick‑field labourer, the sole earner for his family, and suffered 100% permanent disability.
The Second Schedule’s formula was deemed outdated; the Court applied principles from Section 166 and precedent cases (Sarla Verma, Pranay Sethi) to compute a fair compensation.
