Case Note & Summary
The case arises from a motor accident claim petition filed by the legal representatives of Diwanchand Sharma, who died in a road accident on 02.11.1989. The claimants alleged that the death was caused due to rash and negligent driving of a State Transport bus owned by the Madhya Pradesh State Road Transport Corporation (MPSRTC) and driven by its driver, Mahesh Dhannulal Yadav. The Motor Accidents Claims Tribunal, after trial, held the appellants (MPSRTC and driver) jointly and severally liable to pay compensation of Rs. 2,46,000/- with interest at 12% p.a. from the date of petition. The appellants challenged the award on the ground that the Tribunal erred in holding the driver negligent, and that the deceased was himself negligent as he was driving under the influence of alcohol. The High Court examined the evidence, including the FIR (Exh.20) lodged by the conductor, the inquest report (Exh.24), and the postmortem report (Exh.26). The Court noted that the conductor, who lodged the FIR, was not examined by the appellants, and therefore an adverse inference was rightly drawn against them. The Court also found that the allegation of drunken driving was not supported by the inquest or postmortem reports, which did not mention any smell of alcohol. The High Court upheld the Tribunal's finding on negligence and dismissed the appeal, confirming the compensation awarded.
Headnote
A) Motor Accident Claims - Negligence - Proof - FIR and Adverse Inference - The Tribunal held the bus driver negligent based on FIR lodged by the conductor and adverse inference drawn for non-examination of the conductor. The High Court upheld this finding, noting that the conductor was a material witness and his non-examination justified the adverse inference. (Paras 2-3)
B) Motor Accident Claims - Contributory Negligence - Allegation of Drunken Driving - Not Proved - The appellants alleged that the deceased was under the influence of alcohol, but the inquest report and postmortem report did not disclose any smell of alcohol. The High Court affirmed the Tribunal's rejection of this contention. (Paras 3-4)
C) Motor Accident Claims - Compensation - Quantum - Not Interfered - The High Court found no error in the award of Rs. 2,46,000/- with interest at 12% p.a., as the Tribunal had properly assessed the income and dependency. (Para 5)
Issue of Consideration
Whether the Tribunal was justified in holding the appellants jointly and severally liable to pay compensation on the basis of rash and negligent driving of the bus driver, and whether the compensation awarded is excessive.
Final Decision
The High Court dismissed the appeal and confirmed the judgment and award of the Motor Accidents Claims Tribunal dated 25.02.1997 in Claim Petition No. 174/1990.
Law Points
- Motor accident claim
- rash and negligent driving
- adverse inference for non-examination of material witness
- contributory negligence not proved
- compensation under Motor Vehicles Act
- 1988
Case Details
2010 LawText (BOM) (01) 174
First Appeal No. 393/1997
Mr. R. M. Puranik for appellants; None for respondents
The Depot Incharge, Madhya Pradesh State Road Transport Corporation, Nagpur; The Divisional Manager, Madhya Pradesh State Road Transport Corporation, Seoni; Mahesh Dhannulal Yadav
Matadin Bansidharji Sharma (dead); Smt. Gangadevi w/o Matadin Sharma (dead); Smt. Sumitradevi w/o Diwan Chand Sharma; Meenakumari d/o Diwan Chand Sharma; Poonamkumar d/o Diwan Chand Sharma; Saritadevi w/o Diwanch Chand Sharma; Master Dhaneshkumar s/o Diwanchand Sharma; Kuldeepkumar s/o Diwan Chand Sharma
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Nature of Litigation
First appeal against judgment and award of Motor Accidents Claims Tribunal in a claim petition for compensation for death in a road accident.
Remedy Sought
Appellants sought to set aside the award of compensation of Rs. 2,46,000/- with interest.
Filing Reason
Appellants challenged the finding of negligence and the quantum of compensation awarded by the Tribunal.
Previous Decisions
The Motor Accidents Claims Tribunal passed judgment and award dated 25.02.1997 in Claim Petition No. 174/1990, holding the appellants jointly and severally liable to pay Rs. 2,46,000/- with interest.
Issues
Whether the Tribunal was justified in holding the appellants liable for negligence based on the FIR and adverse inference for non-examination of the conductor?
Whether the deceased was driving under the influence of alcohol, contributing to the accident?
Whether the compensation awarded is excessive?
Submissions/Arguments
Appellants argued that the claimants failed to prove negligence; the conductor who lodged the FIR was not examined; the deceased was driving under the influence of alcohol; and the compensation is excessive.
Claimants relied on the FIR, inquest report, and postmortem report to prove negligence and reject the allegation of drunken driving.
Ratio Decidendi
In a motor accident claim, the negligence of the driver can be proved by the FIR lodged by a material witness (conductor), and non-examination of such witness by the opposite party justifies an adverse inference. Allegations of contributory negligence, such as drunken driving, must be supported by evidence like inquest or postmortem reports; absence of such evidence negates the plea.
Judgment Excerpts
The finding is based upon the First Information Report Exh.20, evidence of petitioner no.1 and adverse inference drawn due to non examination of the Conductor one Mr. Gupta, who lodged the First Information Report.
The inquest report Ex.24 did not disclose that there was smelling of alcohol from the mouth of deceased at the time of preparing the inquest panchanama. Similarly, the post mortem report Ex.26 did not disclose that the fluid which was found in the stomach was smelling of alcohol.
Procedural History
The claim petition (No. 174/1990) was filed before the Motor Accidents Claims Tribunal, which passed an award on 25.02.1997. The appellants (original respondents) filed the present first appeal before the Bombay High Court, Nagpur Bench, on 07.01.2010.
Acts & Sections
- Motor Vehicles Act, 1988:
