Case Note & Summary
The Oriental Insurance Co. Ltd. filed two appeals under Section 166 of the Motor Vehicles Act, 1988, challenging the judgment and order dated 11.01.2012 passed by the learned Chairman, Motor Accident Claims Tribunal, Osmanabad, in M.A.C.P. No.262/2006 and M.A.C.P. No.261/2006. The Tribunal had partly allowed the claim petitions filed by Prakash Shahuraj Mali (respondent No.1 in FA 799/2012) and Jairam Ankush Deshmukh (respondent No.1 in FA 800/2012) for injuries sustained in a motor vehicle accident. The accident occurred on 18.10.2006 when the claimants were traveling in a tempo bearing registration No. MH 25/P174 from Gaur to Latur to sell soybean bags. The tempo overturned due to the rash and negligent driving of its driver, causing injuries to the claimants. The Tribunal awarded compensation of Rs. 1,00,000/- to Prakash Mali and Rs. 50,000/- to Jairam Deshmukh, along with interest at 6% per annum from the date of petition till realization. The insurance company appealed, contending that the quantum was excessive and that the Tribunal erred in holding the insurer liable. The High Court, after hearing arguments, found that the Tribunal's findings were based on evidence and not perverse. The court noted that the vehicle was insured with the appellant at the time of the accident, and the driver's negligence was established. The court also considered the nature of injuries and the medical evidence, and held that the compensation awarded was just and reasonable. Consequently, both appeals were dismissed with no order as to costs.
Headnote
A) Motor Accident Claims - Compensation for Injuries - Section 166 Motor Vehicles Act, 1988 - Claimants were passengers in a tempo carrying soybean bags when the vehicle overturned due to driver's negligence - Tribunal awarded compensation for injuries - Insurance company appealed challenging quantum and liability - Held that the Tribunal's findings on negligence and quantum were based on evidence and not perverse, hence appeals dismissed (Paras 1-10).
Issue of Consideration
Whether the Motor Accident Claims Tribunal erred in awarding compensation to the claimants for injuries sustained in a tempo accident, and whether the insurance company is liable to pay the awarded amount.
Final Decision
Both appeals are dismissed. The judgment and order of the Motor Accident Claims Tribunal, Osmanabad, dated 11.01.2012 in M.A.C.P. No.262/2006 and M.A.C.P. No.261/2006 are confirmed. No order as to costs.
Law Points
- Motor Vehicles Act
- 1988
- Section 166
- Compensation for injuries
- Liability of insurer
- Negligence of driver
- Quantum of compensation
