Case Note & Summary
The present appeal was filed by the insurance company, Bharti Axa General Insurance Company Ltd., against the judgment of the Motor Accident Claims Tribunal, Nagpur in Claim Petition No. 1308/2011. The claimants, legal heirs of deceased Rajesh Pillewar, had sought compensation for his death in a motor accident. On 23 November 2011 at about 7.00 p.m., the deceased was proceeding from Kuhi to Nagpur on his Hero Honda motorcycle. When he reached the outskirts of Village Lanjala, Tahsil Kuhi, a truck bearing no. MH40N100 was standing stationary in the middle of the road without any indicator, tail lamp, etc. The deceased could not notice the truck and dashed into it from the backside, sustaining grievous injuries and dying on the spot. An FIR was lodged against the driver of the truck and also the deceased. A spot panchanama was carried out, and a chargesheet was filed against the driver of the truck. The legal heirs filed a claim petition, which was allowed by the Tribunal directing the owner and insurance company to pay compensation of Rs. 10,97,608/- along with interest at 7.5% per annum from the date of petition till realization. The insurance company appealed, arguing contributory negligence on the part of the deceased. The court heard the learned advocate for the appellant, who pointed out the FIR and submitted that the accident took place due to contributory negligence of the deceased as well as the truck driver, and therefore the insurance company was liable to pay only 50% of the compensation. The learned advocate for the respondents relied on the decision of the Apex Court in Archit Saini and anr. Vs. Oriental Insurance Co. Ltd. and ors. [(2018)3 SCC 365], which held that there is a presumption against persons parking a vehicle in the middle of a national highway in a negligent manner, without indicator. The court, after considering the submissions and the facts, held that the truck was parked in the middle of the road without any indicator or tail lamp, and the deceased could not have noticed it. The court found no contributory negligence on the part of the deceased and dismissed the appeal, upholding the Tribunal's award.
Headnote
A) Motor Accident Claims - Contributory Negligence - Presumption of Negligence - Motor Vehicles Act, 1988 - The court considered whether the deceased motorcyclist was contributorily negligent when he dashed into a truck parked stationary in the middle of the road without any indicator or tail lamp. The court held that the presumption of negligence lies against the person who parks the vehicle in a negligent manner on the highway, and the deceased cannot be attributed contributory negligence. (Paras 2-5) B) Motor Accident Claims - Compensation - Interest Rate - Motor Vehicles Act, 1988 - The court upheld the award of compensation of Rs. 10,97,608/- with interest at 7.5% per annum from the date of petition till realization, as granted by the Motor Accident Claims Tribunal. (Paras 2, 6)
Issue of Consideration
Whether the deceased motorcyclist was contributorily negligent in dashing into a stationary truck parked in the middle of the road without indicators or tail lamps, thereby reducing the insurance company's liability.
Final Decision
The appeal is dismissed. The judgment and award of the Motor Accident Claims Tribunal, Nagpur in Claim Petition No. 1308/2011 is confirmed. No order as to costs.
Law Points
- Contributory negligence
- Presumption of negligence against person parking vehicle in middle of road without indicator
- Motor Accident Claims Tribunal
- Compensation under Motor Vehicles Act
