5.3 All the above evidence, circumstances and
considerations reinforce that the factum of involvement of
the offending vehicle as claimed and asserted by the
claimants was not proved. The claimants failed to
discharge their obligation on this count which was to be
the primary step. Given the above strong evidentiary
considerations, even on the principle of the
preponderance of probabilities, the involvement of Tata
Magic vehicle with registration number MH-13-B-2719
could not be concluded and was not established.
5.4 It was correct on the part of the High Court to
conclude that mere mentioning of Tata Magic by name in
the inquest Panchnama or in the FIR would not be
sufficient to hold that it was the same Tata Magic
belonging to respondent No.1 and insured with
respondent No.2 in absence of its clear identification.
6. It is a settled position of law that in a motor- accident
claim petition, the initial burden to prove the factum of
accident and involvement of offending vehicle lie on the
claimants. It is the claimants who have to discharge this
primary burden by establishing the occurrence of the
accident and the involvement as well as identity of the
vehicle at least on prima facie basis. Only then the onus to
disprove shifts to the other side.
Non-Reportable
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.6794 of 2025
VANITA & ORS. Vs M/S SHRIRAM INSURANCE COMPANY LTD. & ANR.
Author: N.V. ANJARIA, J.
Citation: 2025 INSC 1077