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MACT: Acquittal In A Criminal Case Does Not Exculpate From Negligence

In C.M.A(MD).No.798 of 2009, G.Suresh vs Chellapandi & Dharmaraj Augustin,  it was contended before the MADURAI BENCH OF MADRAS HIGH COURT, that the driver of the vehicle was acquitted in the criminal case, and it clearly proved that he was not responsible for the accident and vehicle had not involved in the accident.

Rejecting the appeal and referring to judgment of the Division Bench of the Madras High Court in C.M.A.No.1369 of 2017 (TNSTC Vs. P.Shanthi and others), the court observed that Mere acquittal in a criminal case does not lead to an automatic inference that there was no negligence on the part of driver of the bus. The standard of proof required is entirely different from the Criminal Court. In Motor Accident Claims Cases, preponderance of probability is the test to arrive at the conclusion regarding negligence. Further referring to judgments of the Karnataka High Court in Vinobabai and others versus K.S.R.T.C. and another, Oriental Insurance Co. Ltd., v. K.Balasubramanian and the Supreme Court in N.K.V. Bros. (P.) Ltd. versus M. Karumai Ammal and others, the court held that the law is settled that when the driver is convicted in a regular trial before the Criminal Court, the fact that he is convicted becomes admissible in evidence in a civil proceeding and it becomes prima facie evidence that the driver was culpably negligent in causing the accident. The converse is not true ; because the driver is acquitted in a criminal case arising out of the accident, it is not established even prima facie that the driver is not negligent, as a higher degree of culpability is required to bring home an offence. The requirements of culpable rashness under Section 304A, I.P.C. is more drastic than negligence sufficient under the law of tort to create liability.It is a well settled proposition of law that the judgments of the Criminal Courts are neither binding on the Civil Court/Motor Accident Claims Tribunal no relevant in a Civil Case or a claim for compensation under the Motor Vehicles Act, except for the limited purpose of showing that there was a criminal prosecution which ended in conviction or acquittal. But there is an exception to the general rule. When an accused pleads guilty and is convicted based on his admission, the judgment of the Criminal Court becomes admissible and relevant in Civil proceedings and proceedings before the Motor Accident Claims Tribunal, not because it is a judgment of the Criminal Court, but as a document containing an admission. Of course, admissions are not conclusive proof of the facts admitted therein. But unless and until they are proved to be incorrect or false by the person against whom the admissions are sought to be used as evidence, the same shall be the best piece of evidence.

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