Case Note & Summary
The present appeals arise out of two separate claim petitions filed by the legal representatives of two deceased persons who died in a motor vehicle accident involving a tempo bearing registration No. MH 06/G5015. The accident occurred on 10th September 2012 when the tempo, driven by respondent No. 6 Gopinath Pundlik Mehatre, lost control and dashed against a tree, resulting in the death of Santosh Gaikwad and Digambar Gathade. The claimants, being the widows, minor children, and parents of the deceased, filed claim petitions before the Motor Accident Claims Tribunal, Udgir, seeking compensation. The Tribunal, by its common judgment and award dated 30th June 2016, allowed the claim petitions and awarded compensation of Rs. 5,50,000 in each case, with interest at 7.5% per annum from the date of petition till realization. The insurance company, The New India Assurance Co. Ltd., being the insurer of the tempo, filed the present appeals challenging the award on the ground that the driver did not possess a valid driving license at the time of the accident, and therefore, the insurance company is not liable to pay compensation. The court examined the evidence on record, including the deposition of the driver and the owner, and found that the insurance company failed to prove that the driver's license was invalid. The court also noted that the driver had a valid license to drive a light motor vehicle, and the tempo was a light motor vehicle. The court further held that the Tribunal had correctly assessed the income of the deceased and the quantum of compensation. Consequently, the court dismissed both appeals and confirmed the award of the Tribunal.
Headnote
A) Motor Accident Claims - Breach of Policy Conditions - Insurance Company's Liability - The insurance company contended that the driver did not hold a valid driving license at the time of accident, but failed to prove the same - Held that the insurer must prove breach of policy conditions to avoid liability (Paras 10-15). B) Motor Accident Claims - Negligence - Contributory Negligence - The accident occurred when the tempo driver lost control and dashed against a tree - No evidence of negligence on part of the deceased - Held that the driver of the tempo was solely negligent (Paras 8-9). C) Motor Accident Claims - Quantum of Compensation - Computation of Income - The Tribunal assessed the income of the deceased at Rs. 3,000 per month based on the evidence - Held that the quantum of compensation awarded by the Tribunal is just and proper (Paras 16-20).
Issue of Consideration
Whether the insurance company is liable to pay compensation despite alleged breach of policy conditions regarding the driving license?
Final Decision
Both appeals are dismissed. The common judgment and award dated 30th June 2016 passed by the Motor Accident Claims Tribunal, Udgir, in MACP No. 106 of 2012 and MACP No. 107 of 2012 are confirmed. The insurance company is directed to pay the awarded amount with interest within eight weeks. Civil applications also disposed of.
Law Points
- Motor Accident Claims
- Compensation
- Breach of Policy Conditions
- Validity of Driving License
- Negligence
- Contributory Negligence
- Quantum of Compensation
