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SITHARA N.S. & ORS. ETC. versus SAI RAM GENERAL INSURANCE COMPANY LIMITED

Citation: [2025] 12 S.C.R. 498 · Decided: 12-12-2025 · Supreme Court of India · Bench: SANJAY KAROL · Disposal: Dismissed

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Judgment (excerpt)

[2025] 12 S.C.R. 498 : 2025 INSC 1425
Sithara N.S. & Ors. Etc. 
v. 
Sai Ram General Insurance Company Limited 
(Civil Appeal No(s). 14718-14719 of 2025)
12 December 2025
[Sanjay Karol and Prashant Kumar Mishra,* JJ.]
Issue for Consideration
Issue arose whether the High Court erred in law in holding that the 
appellants failed to prove the involvement of the alleged offending 
vehicle.
Headnotes†
Motor Vehicles Act, 1988 – s.166 – Compensation – Claim 
of – Case of legal heirs of the deceased that the said victims 
met with an accident resulting in their death due to rash 
and negligent driving of the offending vehicle by the driver-
respondent no.1 – Claim petition by the LR’s – Both the tribunal 
and the High Court dismissed the claim petitions holding that 
the legal heirs failed to prove the involvement of the offending 
vehicle in the alleged accident – Correctness:
Held: In cases of motor vehicle accidents, the standard of proof 
required is that of preponderance of probabilities – Absence 
of vehicle registration number in the FIR or complaint lodged 
immediately after the accident is not, by itself, fatal to the claim – 
FIR not an encyclopedia and omissions at the initial stage may not 
be determinative – However, 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 – However, the omission of the vehicle 
registration number in the complaint cannot be viewed in isolation, 
but in conjunction with other infirmities in the evidence – Pain of 
losing young lives in their prime is immeasurable – However, the 
principles of law cannot be set aside on the grounds of sympathy 
alone – Liability under the Motor Vehicles Act must be established 
through credible evidence – Courts below found, after scrutinizing 
the evidence, that the appellants failed to prove the involvement 
of the offending vehicle driven by respondent no.1 and serious 
infirmities and material contradictions in the testimonies of the 
* Author
[2025] 12 S.C.R. 
499
Sithara N.S. & Ors. Etc. v.  
Sai Ram General Insurance Company Limited
witnesses – No perversity in the appreciation of evidence, nor 
exceptional circumstances warranting interference with the 
concurrent findings. [Paras 13-19]
Case Law Cited
Collector Singh v. L.M.L. Limited, Kanpur [2014] 13 SCR 735 : 
(2015) 2 SCC 410 – referred to.
List of Acts
Motor Vehicles Act, 1988.
List of Keywords
Involvement of the offending vehicle; Compensation; Rash and 
negligent driving; Motor vehicle accidents; Preponderance of 
probabilities; Contradictions in the testimonies of the witnesses; 
Omission of the vehicle registration number.
Case Arising From
CIVIL APPELLATE JURISDICTION: Civil Appeal No(s). 14718-
14719 of 2025
From the Judgment and Order dated 07.06.2018 of the High Court 
of Karnataka at Bengaluru in MFA Nos. 5891 and 5892 of 2015
Appearances for Parties
Advs. for the Appellant(s):
Shekhar G Devasa, Sr. Adv., Manish Tiwari, Mrs. Thashmitha 
Muthanna, Ranjit Kotian, Shashi Bhushan Nagar, M/s Devasa & Co.
Advs. for the Respondent(s):
Kshitij Mittal, Anand Sukumar.
Judgment / Order of the Supreme Court
Judgment
Prashant Kumar Mishra, J.
1.	
Leave granted.
2.	
These Appeals call in question the common impugned judgment dated 
07.06.2018 in MFA Nos.5891/2015 and 5892/2015 (MV) passed by 
500
[2025] 12 S.C.R.
Supreme Court Reports
the High Court of Karnataka at Bengaluru, whereby the High Court 
dismissed the appeals preferred by the present appellants, who are 
the legal representatives of both the deceased, affirming the order 
dated 30.04.2015 passed by the Motor Accident Claims Tribunal-VII, 
at Shimoga, wherein the Tribunal dismissed the claim petitions filed 
by the present appellants.
FACTUAL MATRIX
3.	
On 14.08.2013, Sunil Singh and his friend, Shivu, were returning 
from Honnali on their motorcycle bearing Registration No.KA-14-
ED-9828. At around 11.30 p.m., when they were proximate to Sugur 
village, respondent No.11 allegedly drove a canter lorry, bearing 
Registration No. KA-20-AA-6786, in a rash and negligent manner 
dashing against their motorcycle. This led to the death of Shivu on 
the spot and Sunil subsequently succumbing to his injuries in the 
hospital. The legal representatives of both the deceased filed two 
separate claim petitions before the Tribunal. M.V.C No.1155/2013 
was filed by the legal representatives of 

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