Case Note & Summary
The New India Assurance Co. Ltd. appealed against the judgment and award dated 11.12.2001 passed by the Motor Accident Claims Tribunal, Nagpur, in Claim Petition No. 737 of 1997, whereby compensation of Rs.75,000/- was awarded to the respondents/claimants. The appellant argued that the deceased had unauthorizedly boarded the truck and then jumped from it when it was stationary, resulting in his death. The appellant contended that in the absence of insurance for a passenger, the Insurance Company could not be held liable. The Court heard the learned counsel for the appellant, as none appeared for the respondents despite service. Upon examining the record, the Court found no evidence to support the appellant's contention. The evidence showed that the deceased died because of an accident by truck. No suggestion was made to P.W. 2 Ashok Arjun Bakal that the deceased had unauthorizedly boarded the truck or jumped from it when stationary. The Court held that in the absence of proper evidence, pleading, or even a suggestion to the witness with positive material, it was not possible to accept that the deceased was an unauthorized passenger. Consequently, the appeal was dismissed with no order as to costs.
Headnote
A) Motor Accident Claims - Unauthorized Passenger - Burden of Proof - Motor Vehicles Act, 1988 - The Insurance Company contended that the deceased was an unauthorized passenger who jumped from a stationary truck. The Court held that in the absence of evidence or even a suggestion to the witness, the plea cannot be accepted. The insurer failed to discharge its burden of proof. (Paras 2-4)
B) Motor Accident Claims - Compensation - Liability of Insurer - Motor Vehicles Act, 1988 - The Tribunal awarded compensation of Rs.75,000/- to the claimants. The High Court upheld the award, finding no merit in the appeal, as the evidence showed death due to accident by truck. (Paras 1, 4)
Issue of Consideration
Whether the Insurance Company can avoid liability on the ground that the deceased was an unauthorized passenger who jumped from a stationary truck, in the absence of evidence.
Final Decision
Appeal dismissed. No order as to costs.
Law Points
- Burden of proof on insurer to establish unauthorized passenger
- No evidence of unauthorized boarding
- No evidence of jumping from stationary truck
- Insurance company liable for accident death
Case Details
2010 LawText (BOM) (01) 151
First Appeal No. 194 of 2002
Mr. S.N. Dhanagare for the Appellant
The New India Assurance Co. Ltd.
Arjun s/o Chinduji Bakal (deleted), Smt. Manjulabai w/o Arjun Bakal, Ku. Vanita d/o Arjun Bakal, Mahadik & Company
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Appeal against judgment and award of Motor Accident Claims Tribunal awarding compensation to claimants.
Remedy Sought
Appellant Insurance Company sought setting aside of the Tribunal's award.
Filing Reason
Insurance Company aggrieved by award of compensation on ground that deceased was unauthorized passenger who jumped from stationary truck.
Previous Decisions
Motor Accident Claims Tribunal, Nagpur, in Claim Petition No. 737 of 1997 awarded compensation of Rs.75,000/- to respondents/claimants on 11.12.2001.
Issues
Whether the Insurance Company can avoid liability on the ground that the deceased was an unauthorized passenger who jumped from a stationary truck, in the absence of evidence.
Submissions/Arguments
Appellant argued that deceased unauthorizedly boarded truck and jumped when stationary, so no insurance coverage for passenger, hence Insurance Company not liable.
Ratio Decidendi
In the absence of evidence and pleading by the Insurance Company or at least suggestion to the witness with positive material, it is not possible to accept that the deceased was an unauthorized passenger on the truck and therefore not entitled to compensation from the Insurance Company.
Judgment Excerpts
The submission made by Mr.Dhanagare that the deceased had unauthorizedly boarded the truck and then had jumped therefrom and died is not at all born out of the record in the sense that there is no evidence to that effect on record.
In the absence of proper evidence and pleading by the Insurance Company or at least suggestion to the witness with some positive material being brought before the Court, it is not possible to accept that the deceased was an unauthorized passenger on the truck and therefore was not entitled to any compensation from the Insurance Company.
Procedural History
Claim Petition No. 737 of 1997 was filed before Motor Accident Claims Tribunal, Nagpur, which awarded compensation of Rs.75,000/- on 11.12.2001. The Insurance Company filed First Appeal No. 194 of 2002 before the Bombay High Court, Nagpur Bench, which was dismissed on 06.01.2010.
Acts & Sections
- Motor Vehicles Act, 1988:
