Case Note & Summary
The case arises from a motor accident claim filed by the legal heirs of the deceased, Prabha, who died in a collision between an auto-rickshaw and an Indigo car. The claimants alleged that the Indigo car was driven rashly and negligently. The Motor Accident Claims Tribunal awarded compensation of Rs. 5,00,000 with interest, holding the driver of the Indigo car solely negligent. The Insurance Company appealed, arguing that the auto-rickshaw driver was also negligent as he was driving without a permit and carrying unauthorized passengers. The High Court examined the evidence, including the police panchnama and spot inspection, which showed that the auto-rickshaw was on the wrong side of the road. The Court found that the auto-rickshaw driver was equally negligent and apportioned liability 50:50. Consequently, the compensation was reduced by 50%, and the Insurance Company was directed to pay only 50% of the awarded amount with interest. The appeal was partly allowed.
Headnote
A) Motor Accident Claims - Contributory Negligence - Apportionment of Liability - Motor Vehicles Act, 1988, Sections 166, 168 - The Tribunal failed to consider contributory negligence of the auto-rickshaw driver who was driving without a permit and carrying unauthorized passengers. The High Court held that the auto-rickshaw driver was equally negligent and apportioned liability 50:50 between the drivers of the two vehicles. (Paras 5-7)
B) Motor Accident Claims - Compensation - Deduction for Contributory Negligence - Motor Vehicles Act, 1988, Sections 166, 168 - The High Court reduced the compensation amount by 50% on account of contributory negligence of the auto-rickshaw driver, as the deceased was an unauthorized passenger in the auto-rickshaw. (Paras 7-8)
Issue of Consideration
Whether the Motor Accident Claims Tribunal erred in not considering contributory negligence on the part of the auto-rickshaw driver and in awarding compensation without deducting for contributory negligence.
Final Decision
Appeal is partly allowed. The judgment of the Motor Accident Claims Tribunal is modified. The liability is apportioned 50:50 between the drivers of the auto-rickshaw and the Indigo car. The appellant Insurance Company is liable to pay 50% of the awarded amount of Rs. 5,00,000 with interest at 9% per annum from the date of petition till realization. The amount already deposited shall be refunded to the appellant proportionately.
Law Points
- Contributory negligence
- Motor accident compensation
- Unauthorized passenger
- Apportionment of liability
Case Details
2020 LawText (BOM) (03) 93
First Appeal No.1368 of 2018
Mr.V.P.Maldhure for Appellant, Mr.Mahesh Rai for Respondent Nos. 1 to 3, Mr.S.K.Bhoyar for Respondent No.4
The National Insurance Co. Ltd.
Marotrao s/o. Rambhau Musale, Ganesh s/o. Marotrao Musale, Ku.Vrushali d/o. Marotrao Musale, Pravin s/o. Dilip Chore
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Nature of Litigation
Appeal against judgment of Motor Accident Claims Tribunal awarding compensation for death in motor vehicle accident.
Remedy Sought
Appellant Insurance Company sought reduction of compensation on ground of contributory negligence.
Filing Reason
The Tribunal held the driver of the Indigo car solely negligent; Insurance Company contended that the auto-rickshaw driver was also negligent.
Previous Decisions
Motor Accident Claims Tribunal, Wardha, by judgment dated 8.6.2017 in M.A.C.P. No.116 of 2015, awarded compensation of Rs. 5,00,000 with interest at 9% per annum from the date of petition till realization, holding the driver of the Indigo car solely negligent.
Issues
Whether the Tribunal erred in not considering contributory negligence of the auto-rickshaw driver?
Whether the compensation awarded should be reduced on account of contributory negligence?
Submissions/Arguments
Appellant argued that the auto-rickshaw driver was driving without permit and carrying unauthorized passengers, and the accident occurred due to his negligence as he was on the wrong side.
Respondents argued that the Indigo car driver was solely negligent and the Tribunal correctly awarded compensation.
Ratio Decidendi
In a motor accident claim, if the vehicle in which the deceased was traveling was also negligent, the compensation must be reduced proportionately. The Tribunal must consider contributory negligence even if not pleaded, based on evidence on record.
Judgment Excerpts
The learned Claim Tribunal framed issues and after recording evidence, came to the conclusion that the accident occurred due to rash and negligent driving of driver of the offending vehicle i.e. Indigo Car.
The police panchnama shows that the auto-rickshaw was on the wrong side. The auto-rickshaw driver was driving without permit and carrying unauthorized passengers. Therefore, the auto-rickshaw driver was equally negligent.
In view of the above, the liability is apportioned 50:50 between the drivers of the auto-rickshaw and the Indigo car.
Procedural History
Claim Petition filed by legal heirs of deceased before Motor Accident Claims Tribunal, Wardha (M.A.C.P. No.116 of 2015). Tribunal awarded compensation on 8.6.2017. Insurance Company filed First Appeal No.1368 of 2018 before Bombay High Court, Nagpur Bench.
Acts & Sections
- Motor Vehicles Act, 1988: Sections 166, 168
