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Vikram & Ors vs. Deepak Bakshi & Ors. (Royal Sundram Alliance Ins. Company Ltd.)

Motor Accident Claims Appeal · 2026:DHC:7421Decided 2 Sept 2026New Delhi Bench
MAC.APP. 85/2018CNR: DLHC010115702018
Justice Anish Dayal

Background

A woman was struck and killed by a car while walking near her home. The Tribunal had dismissed the family's compensation claim, holding that the sole eyewitness (her son) was not reliable because of inconsistencies in his account, and that mere registration of a criminal FIR did not itself prove negligent driving.

Decision Breakdown

The High Court found that the FIR was lodged within an hour of the accident, a chargesheet followed within days, and the vehicle's mechanical inspection showed fresh front-end damage: none of which suggested the vehicle was falsely implicated. It held that minor gaps in the eyewitness's account (like not stating explicitly he was accompanying his mother) did not make his overall testimony unreliable, and further invoked the principle of "res ipsa loquitur" (the accident itself speaks to negligence) since the driver and owner offered no real explanation. The appeal was allowed and the matter sent back to the Tribunal only to calculate the compensation amount.

Lesson Learnt

A prompt FIR, chargesheet, and physical vehicle-damage evidence can establish negligence in a road accident even without a flawless eyewitness account, and courts should not dismiss a genuine claim over minor inconsistencies in testimony.

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