Case Note & Summary
The case arises from a motor accident claim filed by the dependents of Sheshrao Gunjkar, who died in a collision with a state transport bus on 13.5.1994. The deceased was riding a bicycle when the bus, driven negligently at high speed, knocked him down, causing fatal injuries. The claimants, including the widow and minor children, filed MACP No. 93/1994 before the Motor Accident Claims Tribunal, Buldana, seeking compensation. The Tribunal awarded Rs.1,59,000 with 12% interest, apportioning shares among the claimants. The appellant, Maharashtra State Road Transport Corporation (MSRTC), appealed on grounds that the driver was not impleaded and that the compensation was excessive. The High Court examined the evidence, including the FIR and deposition of the widow, which established negligence of the bus driver. The court held that the Corporation, as owner, is vicariously liable even if the driver is not a party. On quantum, the deceased was 35 years old, earning Rs.1,500 per month as a labourer and agriculturist. The Tribunal applied a multiplier of 16, deducted 1/3rd for personal expenses, and added Rs.15,000 for loss of consortium and funeral expenses, totaling Rs.1,59,000. The High Court found the compensation just and not excessive, dismissing the appeal with no order as to costs.
Headnote
A) Motor Accident Claims - Negligence - Vicarious Liability - Non-joinder of Driver - The appellant MSRTC contended that the claim petition was bad for non-joinder of the driver. The court held that the Corporation, being the owner of the bus, is vicariously liable for the negligence of its driver, and non-joinder of the driver is not fatal to the claim. (Paras 3-4) B) Motor Accident Claims - Compensation - Quantum - Deceased aged 35 years, earning Rs.1,500 per month as a labourer and agriculturist. Tribunal applied multiplier of 16 and deducted 1/3rd for personal expenses, awarding Rs.1,44,000 for loss of dependency plus Rs.15,000 for loss of consortium and funeral expenses. The High Court found no error in the assessment. (Paras 4-5)
Issue of Consideration
Whether the Tribunal erred in awarding compensation despite the driver not being impleaded as a party, and whether the quantum of compensation was excessive.
Final Decision
Appeal dismissed. The judgment and award of the Tribunal dated 3.3.1997 in MACP No. 93/1994 are confirmed. No order as to costs.
Law Points
- Negligence in motor accident
- vicarious liability of employer
- compensation under Motor Vehicles Act
- 1988
- non-joinder of driver not fatal
