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SC Reaffirms Burden of Proof on Involvement of Offending Vehicle in Accident Compensation Claims

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Judgment dated 12.12.2025 of the Supreme  Court in Civil Appeal Nos.14718-14719 of 2025 of Sithara N.S. and others   Vs.  Sai Ram General Insurance Company Limited

The Tribunal dismissed both the claim petitions of legal heirs of two accident young individual victims.  The appeals were also dismissed noting that the involvement of the offending vehicle in the alleged accident was not proved.

HELD that the claimants must establish the specific identity of the vehicle / driver, with the caveat that the connection of the accident with the said vehicle must be established through cogent and reliable evidence.

The omission of the vehicle number in the complaint cannot be viewed in isolation but in conjunction with other infirmities in the evidence.

Most significantly the report of the MV Inspector reveals no damage to cause the death of two persons. to the alleged offending vehicle.  This is a circumstance that is wholly inconsistent with a collision of such severity as as to cause of death of two persons.

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