Case Note & Summary
The appellant, Sikhandar Khan Rashid Khan, owned a truck (MWA 5169) that was involved in a collision with another truck (MWU 7175) on 26 April 1988 on Bombay Agra Road while crossing a culvert over Pud Ohol Nala. The respondent no.1, Ansar Baig Sabdar Baig, was travelling as a passenger in the appellant's truck and suffered severe injuries resulting in amputation of both legs (right leg above knee, left leg below knee). He filed a claim application before the Motor Accident Claims Tribunal, Nasik, against the appellant, the owner of the other truck (respondent no.2), and their respective insurers (respondent nos.3 and 4). The Tribunal found both drivers negligent and awarded Rs.1,35,000/- as compensation, holding the appellant, respondent no.2, and their insurers jointly and severally liable. However, the appellant's insurer (respondent no.4) was absolved because the respondent no.1 was travelling in breach of the insurance policy conditions. The appellant appealed, arguing that his driver was not negligent and that the accident was solely due to the other driver's negligence. The High Court dismissed the appeal, holding that the appellant's driver was contributorily negligent as he failed to exercise due care while crossing a narrow culvert, and that the Tribunal's findings on negligence and quantum were correct. The court also upheld the insurer's exoneration due to breach of policy conditions.
Headnote
A) Motor Accident Claims - Contributory Negligence - Apportionment of Liability - Motor Vehicles Act, 1988, Sections 166, 168 - The court upheld the Tribunal's finding of contributory negligence by both drivers where the appellant's truck collided with an oncoming truck while crossing a culvert, as the driver failed to exercise due care and caution expected while crossing a narrow culvert. (Paras 4-5) B) Motor Accident Claims - Insurance - Breach of Policy Conditions - Motor Vehicles Act, 1988, Section 149 - The court affirmed that the appellant's insurer was not liable because the injured passenger was travelling in the appellant's truck in breach of the policy conditions, as the policy did not cover gratuitous passengers. (Para 3) C) Motor Accident Claims - Quantum of Compensation - Permanent Disability - Motor Vehicles Act, 1988, Section 168 - The court found no infirmity in the Tribunal's award of Rs.1,35,000/- for amputation of both legs, considering the nature of injuries and permanent disability. (Para 6)
Issue of Consideration
Whether the Tribunal erred in holding the appellant's driver contributorily negligent and in absolving the appellant's insurer of liability.
Final Decision
Appeal dismissed. The judgment and order of the Motor Accident Claims Tribunal, Nasik dated 18 October 1993 is confirmed. No order as to costs.
Law Points
- Contributory negligence
- Motor accident claim
- Joint and several liability
- Breach of insurance policy conditions
- Negligence in crossing culvert
