Case Note & Summary
The present appeal was filed by Shriram General Insurance Company Ltd., the original respondent No.3, challenging the judgment and award dated 11-01-2018 passed by the learned Adhoc District Judge-1 and Member, Motor Accident Claims Tribunal, Beed, in M.A.C.P. No.87 of 2013. The Tribunal had held the Insurance Company liable to pay compensation to the claimant, Laxman Manik Jadhav, jointly and severally with the original respondents No.1 (owner of the truck) and No.2 (driver). The claimant had filed a petition under Section 166 of the Motor Vehicles Act, 1988, seeking compensation for injuries sustained in a vehicular accident. The facts reveal that on 22-05-2011, at about 7:00 a.m., the claimant and other villagers were returning to their village in a truck bearing registration No.MH-04/BG-3482 after completing sugarcane cutting work at Bhandar-Kavta, Solapur. Due to the rash and negligent driving of respondent No.2 (driver), the truck turned turtle and fell into a ditch. The claimant sustained serious injuries, including a fracture to his left humerus, and was treated at Civil Hospital, Beed, and later at Saibaba Hospital, Beed. He was examined by the Orthopedic Board of District Hospital, Beed, which opined that he had sustained permanent physical disability to the extent of 10%. The claimant, an agriculturist owning 2.5 acres of land, claimed compensation for medical expenses, loss of income, and future loss due to disability. The Insurance Company argued that the claimant was an unauthorized passenger in a goods vehicle and thus not covered under the policy. However, the court rejected this contention, holding that the insurer is liable to pay compensation to third parties for injuries caused by the negligent driving of the insured vehicle. The court upheld the Tribunal's award of compensation, considering the medical expenses, pain and suffering, loss of income during treatment, and future loss due to 10% permanent disability. The appeal was dismissed, and the Insurance Company was directed to pay the awarded amount with interest.
Headnote
A) Motor Vehicles Act - Liability of Insurer - Unauthorized Passenger in Goods Vehicle - The Insurance Company contended that the claimant was an unauthorized passenger in a goods vehicle, but the court held that the insurer is liable to pay compensation to third parties for injuries caused by the negligent driving of the insured vehicle, irrespective of the claimant's status as a passenger. (Paras 1-10) B) Motor Vehicles Act - Negligence - Rash and Negligent Driving - The accident occurred due to the rash and negligent driving of the truck driver, causing the vehicle to overturn. The court upheld the finding of negligence against the driver and owner. (Paras 2-5) C) Motor Vehicles Act - Compensation - Permanent Disability - The claimant sustained 10% permanent disability to his left humerus. The court awarded compensation for medical expenses, pain and suffering, loss of income, and future loss due to disability. (Paras 6-10)
Issue of Consideration
Whether the Insurance Company is liable to pay compensation for injuries sustained by a claimant travelling in a goods vehicle as an unauthorized passenger?
Final Decision
The appeal is dismissed. The judgment and award passed by the learned Adhoc District Judge-1 and Member, Motor Accident Claims Tribunal, Beed, in M.A.C.P. No.87 of 2013 dated 11-01-2018 is confirmed. The Insurance Company is directed to pay the awarded compensation with interest as per the Tribunal's order.
Law Points
- Liability of insurer
- negligence of driver
- permanent disability assessment
- compensation under Motor Vehicles Act
