Accident involving two vehicles: Scene mahazar not enough to settle compensation cases

KOCHI: When the charge sheet states that the driver of one vehicle was involved in the accident involving two vehicles, the scene mahazar alone could not prove that the driver of both the vehicles was involved in the accident, the High Court said. The order was passed by Justice A Badruddin on a petition filed by TA Ansad, a native of Malappuram. On November 27, 2005, the bike ridden by the petitioner collided with a car. According to the chargesheet, the driver of the car was at fault, but the plaintiff also alleged that the tribunal had halved the compensation for the accident by pointing out that he was at fault too.

Although the chargesheet did not state that Ansad was at fault, the insurance company argued in the tribunal that he was half responsible for the accident because it was clear in the scene mahazar. This was confirmed and the tribunal halved the amount. This was quashed by the single bench. The High Court held that in such cases, if the police charge sheet states that only one driver was involved in the accident, then other independent evidence besides scene mahazar is necessary to prove that the second driver was also involved. In the absence of such evidence, the case should be decided on the basis of the charge sheet. The High Court also ordered pay Rs 1.16 lakh with interest.