Case Note & Summary
The appeal was filed by New India Assurance Co. Ltd. against the judgment of the Motor Accident Claims Tribunal, Kelapur, District Yavatmal, which awarded compensation of Rs.24,52,968/- with interest at 6% per annum to the claimants (respondent nos.1 to 3), who are the legal representatives of the deceased. The accident occurred on 13.5.2008 at about 5.30 p.m. at Khandala Fata on Shirpur-Korpana road. The deceased was riding his motorbike No.MH-29J/1961 from Chargaon chowki to Velabai (Mohada). When he reached near Khandala Fata, the offending trailer truck No.MH-20/AT-6597, driven by respondent no.4 rashly and negligently, dashed against the motorbike. The deceased sustained fatal injuries and died on the spot. An offence was registered against the driver by Police Station, Shirpur. The truck was owned by respondent no.5. The claimants filed a claim petition before the Tribunal. The appellant-insurer appeared and filed a written statement contesting the claim. The Tribunal granted compensation of Rs.24,52,968/- along with interest at 6% per annum from the date of petition. The insurer appealed, but the High Court found no merit in the appeal and dismissed it, upholding the Tribunal's award.
Headnote
A) Motor Accident Claims - Negligence - Fatal Accident - The deceased died due to rash and negligent driving of trailer truck by respondent no.4 - The Tribunal held the driver and owner liable - The insurer appealed but failed to prove any breach of policy conditions - Held that the compensation awarded is just and proper (Paras 1-3).
Issue of Consideration
Whether the Motor Accident Claims Tribunal erred in granting compensation of Rs.24,52,968/- with interest at 6% per annum to the claimants, and whether the appellant-insurer is liable to pay the same.
Final Decision
The appeal is dismissed. The judgment and award of the Motor Accident Claims Tribunal, Kelapur, District Yavatmal is confirmed. No order as to costs.
Law Points
- Motor Accident Claims
- Negligence
- Compensation
- Breach of Policy Conditions
- Interest Rate
