Case Note & Summary
The appellant, New India Assurance Company, challenged the judgment and award dated 20.4.2000 passed by the Motor Accident Claims Tribunal, Nagpur, in Claim Petition No.336/1992. The claim petition was filed by respondents no.1 and 2, parents of deceased Dilip, who died in a road accident on 28.2.1992 on Nagpur-Jabalpur road near village Potgowari. The accident involved an auto-rickshaw (MZW-1029) being towed by a jeep (MUK 9459) when a truck coming from the opposite direction dashed against the auto-rickshaw, causing fatal injuries to Dilip who was sitting in it. The auto-rickshaw was owned by respondent no.5, the jeep by respondent no.3, and both were insured with the appellant. The Tribunal awarded compensation of Rs.95,000/- to the parents, holding the appellant liable. The appellant contended that the accident was caused solely by the truck, not by any negligence of the jeep driver, and that the jeep's insurance was not proved. The respondents no.3 to 5 (owners and driver) filed a joint written statement denying negligence and blaming the truck. The appellant did not examine any witness. The High Court found that the claimants failed to prove negligence on the part of the jeep driver, as the evidence showed the truck caused the collision. The court held that without establishing negligence of the insured vehicle, the insurance company cannot be held liable. The appeal was allowed, setting aside the award against the appellant, but the claimants were given liberty to proceed against the truck owner and its insurer.
Headnote
A) Motor Accident Claims - Negligence - Burden of Proof - The claimants failed to prove that the accident was caused due to negligence of the driver of the insured jeep; the evidence showed that a truck coming from the opposite direction dashed against the auto-rickshaw being towed. Held that the Tribunal erred in fixing liability on the insurance company without establishing negligence of the insured vehicle driver (Paras 6-7).
Issue of Consideration
Whether the Tribunal was justified in holding the appellant insurance company liable for compensation when the negligence of the jeep driver was not proved and the accident was caused by a third-party truck.
Final Decision
The appeal is allowed. The impugned judgment and award dated 20.4.2000 passed by the Chairman, Motor Accident Claims Tribunal, Nagpur, in Claim Petition No.336/1992 is set aside insofar as it holds the appellant liable. The claimants are at liberty to proceed against the owner of the truck and its insurer.
Law Points
- Motor Accident Claims
- Negligence
- Burden of Proof
- Insurance Liability
- Towing Vehicles
