Case Note & Summary
The appellant, Reliance General Insurance Co. Ltd., filed an appeal under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment and Award dated 14/08/2015 passed by the Motor Accident Claims Tribunal, Nagpur in Claim Petition No. 828/2009. The Tribunal had awarded compensation of Rs.22,99,125/- with interest at 7.5% per annum to the claimants, who are the widow and children of the deceased Vikram Choudhari. The deceased, a 52-year-old doctor, died on 05/05/2009 due to injuries sustained in a motor vehicular accident involving a TATA Specio bearing No. HP-01/K-0442. The claimants alleged that the accident was caused by the rash and negligent driving of the driver of the offending vehicle. The owner of the vehicle and the insurance company denied negligence, claiming the claim was exorbitant. The Tribunal, after considering the evidence including the eye-witness testimony and police papers, held that the accident was due to the driver's negligence. The insurance company appealed, arguing that the Tribunal erred in its finding. The High Court, upon perusal of the record, found that the Tribunal had correctly appreciated the evidence and there was no perversity in the finding. Consequently, the appeal was dismissed, and the Award was confirmed.
Headnote
A) Motor Accident Claims - Negligence - Rash and Negligent Driving - Motor Vehicles Act, 1988, Sections 166 and 173 - The appeal challenged the Tribunal's finding of negligence based on evidence of eye-witness and police papers. The High Court held that the Tribunal had correctly appreciated the evidence and there was no perversity in the finding that the accident was caused due to rash and negligent driving by the driver of the offending vehicle. (Paras 1-3)
Issue of Consideration
Whether the Motor Accident Claims Tribunal erred in holding that the accident was caused due to rash and negligent driving by the driver of the offending vehicle and in awarding compensation of Rs.22,99,125/-.
Final Decision
The High Court dismissed the appeal and confirmed the judgment and Award dated 14/08/2015 passed by the Motor Accident Claims Tribunal, Nagpur in Claim Petition No. 828/2009.
Law Points
- Motor Vehicles Act
- 1988
- Section 173
- Section 166
- Compensation for death
- Negligence in motor accident
- Rash and negligent driving
- Burden of proof
- Appreciation of evidence
Case Details
2021 LawText (BOM) (01) 94
First Appeal No. 833 of 2016
Shri D.N. Kukday for Appellant, Shri P.S. Mirache for Respondent Nos. 1 to 4
Reliance General Insurance Co. Ltd.
Manju wd/o Vikram Choudhary and others
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Nature of Litigation
Appeal under Section 173 of the Motor Vehicles Act, 1988 against the judgment and Award of the Motor Accident Claims Tribunal awarding compensation.
Remedy Sought
The appellant insurance company sought to set aside the Tribunal's Award and reduce the compensation.
Filing Reason
The insurance company challenged the finding of negligence and the quantum of compensation awarded by the Tribunal.
Previous Decisions
The Motor Accident Claims Tribunal, Nagpur in Claim Petition No. 828/2009 awarded compensation of Rs.22,99,125/- with interest at 7.5% per annum.
Issues
Whether the Tribunal erred in holding that the accident was caused due to rash and negligent driving by the driver of the offending vehicle.
Whether the compensation awarded is excessive.
Submissions/Arguments
The appellant insurance company argued that the accident was not caused due to rash and negligent driving and that the claim was exorbitant.
The claimants supported the Tribunal's findings and argued that the evidence clearly established negligence.
Ratio Decidendi
The Tribunal had correctly appreciated the evidence on record and there was no perversity in the finding that the accident was caused due to rash and negligent driving by the driver of the offending vehicle. Hence, no interference was warranted.
Judgment Excerpts
The Appellant – Insurance Company has filed this appeal under Section 173 of the Motor Vehicles Act, 1988 challenging the judgment and Award dated 14/08/2015 passed by the Motor Accident Claims Tribunal, Nagpur in Claim Petition No. 828/2009.
The Tribunal had correctly appreciated the evidence on record and there is no perversity in the finding that the accident was caused due to rash and negligent driving by the driver of the offending vehicle.
Procedural History
The claimants filed Claim Petition No. 828/2009 under Section 166 of the Motor Vehicles Act, 1988 before the Motor Accident Claims Tribunal, Nagpur. The Tribunal passed the Award on 14/08/2015. The insurance company filed the present appeal under Section 173 of the Act on 28/01/2021.
Acts & Sections
- Motor Vehicles Act, 1988: Section 173, Section 166
