Case Note & Summary
The appeal was filed by the Branch Manager of Reliance General Insurance Company Ltd. against the judgment and order of the Motor Accident Claims Tribunal, Kolhapur, which awarded compensation to the legal heirs of the deceased, Amit Yetale, who died in a motor vehicle accident. The claimants were the widow (Aasawari Amit Yetale) and two minor children (Aarya and Kedar). The Insurance Company contended that the Tribunal had assessed the deceased's monthly income at Rs.22,000/- without any documentary evidence, that the provident fund amount of Rs.5,00,000/- received by the claimants should be deducted from the compensation, and that the deceased was not wearing a helmet, amounting to contributory negligence. The claimants argued that the income was based on oral evidence of the widow, that provident fund is a separate benefit not deductible from compensation, and that the consortium was awarded only to the widow and should also be granted to the minor children. The High Court, after hearing both sides and perusing the Tribunal's record, held that the income assessment based on oral testimony was not perverse, that provident fund cannot be deducted from compensation, that there was no evidence of contributory negligence, and that the minor children are entitled to consortium of Rs.40,000/- each. The appeal was partly allowed by modifying the award to include consortium for the minor children, and the rest of the award was confirmed.
Headnote
A) Motor Accident Claims - Income Assessment - Oral Evidence Sufficient - The Tribunal's assessment of deceased's monthly income at Rs.22,000/- based on the oral testimony of claimant No.1 (wife) that deceased was a cashier earning that amount is not perverse and does not warrant interference. (Para 4) B) Motor Accident Claims - Deductions - Provident Fund Not Deductible - The provident fund amount received by claimants is a statutory benefit and cannot be deducted from the compensation awarded under the Motor Vehicles Act, 1988. (Para 5) C) Motor Accident Claims - Contributory Negligence - Non-Wearing of Helmet - The contention that deceased was not wearing a helmet and thus contributed to the accident is not supported by evidence; no contributory negligence can be inferred. (Para 6) D) Motor Accident Claims - Consortium - Entitlement of Minor Children - The minor children (claimants 2 and 3) are entitled to consortium of Rs.40,000/- each, in addition to the consortium awarded to the widow. (Para 7)
Issue of Consideration
Whether the Tribunal erred in assessing the deceased's monthly income at Rs.22,000/- without documentary evidence; whether the provident fund amount of Rs.5,00,000/- received by claimants should be deducted from compensation; whether non-wearing of helmet amounts to contributory negligence; whether consortium should be awarded to minor children.
Final Decision
Appeal partly allowed. The award of the Tribunal is modified to the extent that claimant Nos. 2 and 3 (minor children) are each entitled to consortium of Rs.40,000/-. The rest of the award is confirmed.
Law Points
- Income assessment based on oral evidence
- provident fund not deductible from compensation
- contributory negligence not established
- consortium to minor children
