Case Note & Summary
The case arises from two first appeals filed by United India Insurance Co. Ltd. against the judgment and order dated 5th April 2003 passed by the Motor Accident Claims Tribunal, Dhule, in Motor Accident Claim Petition Nos. 419/1998 and 420/1998. The claimants, Sunil S/o Eknath Bhamre and Dnyaneshwar S/o Dadabhai Girase, sustained injuries in a rickshaw accident caused by the rash and negligent driving of respondent No.2, Pravin S/o Anil Agrawal, who was driving the rickshaw owned by respondent No.3, Anil S/o Bansilal Agrawal. The Tribunal awarded compensation of Rs. 79,000 to each claimant with future interest at 9% per annum from the date of petition till realization, making the respondents jointly and severally liable. The insurance company appealed, challenging the finding of negligence and the quantum of compensation. The High Court, after considering the evidence and arguments, held that the Tribunal's finding of negligence was based on proper appreciation of evidence and the compensation amount was just and proper. The appeals were dismissed, and the impugned judgment and award were confirmed.
Headnote
A) Motor Accident Claims - Negligence - Rash and Negligent Driving - Motor Vehicles Act, 1988 - Claimants sustained injuries in a rickshaw accident due to rash and negligent driving by respondent No.2 - Tribunal awarded compensation of Rs. 79,000 with 9% interest - Insurance company appealed challenging negligence and quantum - Held that evidence on record supports finding of negligence and compensation is just and proper (Paras 1-3).
Issue of Consideration
Whether the Motor Accident Claims Tribunal erred in holding the driver negligent and awarding compensation of Rs. 79,000 with 9% interest per annum.
Final Decision
Both appeals are dismissed. The impugned judgment and award dated 5th April 2003 passed by the Member, Motor Accident Claims Tribunal, Dhule, in Motor Accident Claim Petition Nos. 419/1998 and 420/1998 are confirmed. No order as to costs.
Law Points
- Motor Accident Claims
- Negligence
- Compensation
- Joint and Several Liability
- Interest Rate
Case Details
2019 LawText (BOM) (03) 158
First Appeal No. 835 of 2003 and First Appeal No. 836 of 2003
Mr. A.B. Gatne for appellant; Mr. M.S. Kulkarni for respondent No.1; Mr. M.H. Patil for respondents No.2 and 3
United India Insurance Co. Ltd.
Sunil S/o Eknath Bhamre, Pravin S/o Anil Agrawal, Anil S/o Bansilal Agrawal (in FA 835/2003); Dnyaneshwar S/o Dadabhai Girase, Pravin S/o Anil Agrawal, Anil S/o Bansilal Agrawal (in FA 836/2003)
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Nature of Litigation
Appeals against judgment and award of Motor Accident Claims Tribunal awarding compensation for injuries sustained in a rickshaw accident.
Remedy Sought
Insurance company sought to set aside the award of compensation on grounds of no negligence and excessive quantum.
Filing Reason
Claimants filed petitions for compensation for injuries suffered in a motor accident due to alleged rash and negligent driving.
Previous Decisions
Motor Accident Claims Tribunal, Dhule, awarded Rs. 79,000 with 9% interest per annum in each claim petition.
Issues
Whether the Tribunal erred in holding that the accident was caused due to rash and negligent driving of respondent No.2.
Whether the compensation of Rs. 79,000 with 9% interest is excessive and unjust.
Submissions/Arguments
Appellant argued that the accident was not due to negligence of the driver and the compensation awarded is excessive.
Respondents supported the Tribunal's findings and award.
Ratio Decidendi
The finding of negligence by the Tribunal is based on proper appreciation of evidence and the compensation awarded is just and proper, not warranting interference in appeal.
Judgment Excerpts
These appeals are preferred as against the judgment and order dated 5th April 2003 passed in Motor Accident Claim petition Nos. 419/1998 and 420/1998 by the Member, Motor Accident Claims Tribunal, Dhule.
Being aggrieved, the appellant (original respondent No.3 in claim petition)/Insurance Company has preferred these appeals.
Procedural History
Claim petitions filed in 1998 before Motor Accident Claims Tribunal, Dhule. Tribunal passed judgment and award on 5th April 2003. Insurance company filed first appeals in 2003 before Bombay High Court. Appeals heard and decided on 28th March 2019.
Acts & Sections
- Motor Vehicles Act, 1988:
