motor vehicle act

malini (Querist) 12 February 2009 This query is : Resolved
whether the findings of criminal court will bind on the civil court to prove negligence of the offending vehicle? quote some citation in which priciple of law is discussed

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A. A. JOSE (Expert) 12 February 2009
Findings of criminal courts will not be binding on the civil courts.

M. PIRAVI PERUMAL (Expert) 12 February 2009
No. Acquittal by criminal court will not affect the proceedings claiming compensation before the Motor Accident Claims Tribunal.

Adv.Shine Thomas (Expert) 13 February 2009
The above two views are correct

MANISH (Expert) 14 February 2009
Dear Malini,
It has been cleared by most of the courts that Criminal cases are different than the Civil cases, becasue the degree of guilt required is more in criminal cases than in civil cases.
In civil cases of motor vehicle accidents, generally the case is filed before MACT, wherein there are civil proceedings and the question is not that of guilt, but about the damages caused to the person, and how it could be compensated. However, before MACT also, the decisions of the criminal courts could be produced, wherein the MACT may act on such decisions. But the decisions of the criminal courts are not binding before the MACT.