Case Note & Summary
The case arises from a motor accident that occurred on 27.11.2015 at 11:30 p.m. when a Bolero Jeep bearing registration No.KA-38-M-2752, driven by its driver in a high speed and negligent manner, lost control and fell into a ditch by the side of the road. The petitioner, Ramesh S/o Vishwanath Davkatte, who was an inmate of the Jeep, suffered grievous injuries including fracture of femur, radius and ulna. He was initially shifted to Government Hospital, Aurad, then to Bidar, and later to Hyderabad for further treatment. The claimant filed a claim petition before the Motor Accidents Claims Tribunal (MACT) at Aurad-B, seeking compensation. The MACT, by judgment and award dated 16.09.2019 in MVC.No.157/2016, awarded a total compensation of Rs. 2,50,000/- with interest at 6% per annum from the date of petition till realization, holding the driver negligent and the insurer, New India Assurance Co. Ltd., liable to pay the compensation. Aggrieved by the award, the insurance company filed the present appeal under Section 173(1) of the Motor Vehicles Act, 1988, challenging the finding of negligence and the quantum of compensation. The High Court heard the learned counsel for the appellant and the learned counsel for respondent No.1 (the claimant). The Court examined the factual matrix and the evidence on record. It noted that the claimant had examined himself as PW1 and produced medical records including wound certificates, discharge summaries, and medical bills. The police had also filed a charge sheet against the driver of the Jeep. The Court found that the MACT had correctly appreciated the evidence and concluded that the accident occurred due to the rash and negligent driving of the Jeep driver. Regarding quantum, the Court observed that the claimant had suffered fractures of femur, radius and ulna, underwent surgeries, and was hospitalized for a considerable period. The MACT had awarded Rs. 1,00,000/- for pain and suffering, Rs. 50,000/- for medical expenses, Rs. 50,000/- for loss of income during treatment, and Rs. 50,000/- for future medical expenses and loss of amenities. The High Court held that the compensation was just and proper and did not warrant interference. Consequently, the appeal was dismissed as devoid of merits.
Headnote
A) Motor Accident Claims - Negligence - Liability of Insurer - The accident occurred due to rash and negligent driving of the Bolero Jeep by its driver, resulting in the vehicle falling into a ditch. The claimant, an inmate, suffered grievous injuries. The MACT held the driver negligent and the insurer liable. The High Court affirmed the finding of negligence based on the evidence of the claimant and the police investigation, and upheld the liability of the insurer. (Paras 3-5) B) Motor Accident Claims - Compensation - Assessment of Quantum - The claimant sustained fractures of femur, radius and ulna, underwent surgeries, and was hospitalized for a long period. The MACT awarded Rs. 2,50,000/- as compensation. The High Court found the quantum just and proper, considering the nature of injuries, treatment, and medical expenses. (Paras 6-8) C) Motor Accident Claims - Appeal by Insurer - Scope - The insurer challenged the award on negligence and quantum. The High Court held that the MACT's findings were based on evidence and not perverse. The appeal was dismissed as devoid of merits. (Paras 9-10)
Issue of Consideration
Whether the judgment and award of the MACT is liable to be set aside on the ground of negligence and quantum of compensation?
Final Decision
The appeal is dismissed as devoid of merits. The judgment and award dated 16.09.2019 in MVC.No.157/2016 passed by the Senior Civil Judge and JMFC and MACT, Aurad-B, is confirmed.
Law Points
- Negligence in motor accident
- Liability of insurer
- Assessment of compensation for grievous injuries
- Fracture of femur radius and ulna
- Medical expenses
- Loss of income during treatment
- Pain and suffering
