AIROnline 2025 SC 226

Supreme Court Of India

(From : Telangana)*

Hon'ble Judge(s): Sudhanshu Dhulia, Ahsanuddin Amanullah , JJ

Motor Vehicles Act (59 of 1988) , S.147— Motor accident - Compensation - Liability of insurer - A person riding his scooter , had died due to collision allegedly caused by a car - During inquiry, alleged eyewitness, who was a customer at a paan shop near the accident site, disclosed registration number of offending vehicle to police two and a half months later - Belated disclosure, lack of corroboration by paan shop owner and failure to produce paper on which number was allegedly noted raised doubts about reliability of testimony of witness - Inspection report showed damage to vehicle - Owner of offending vehicle did not appear before any forum throughout proceedings, despite valid service of notice - It would have to be presumed that owner had no defence to offer before any forum - Record showed that during police investigation, driver of vehicle had admitted guilt - Vehicle was insured and no violation of policy terms was proved - insurance company was held liable to compensate claimants. M.A.C.M.A. no.77 of 2017,D/-07-03-2019 (TEL)-Reversed (Para 17 18 19 20 21 22 23) .....