Case Note & Summary
The appeal was filed by the Mumbai Municipal Corporation (BEST Undertaking) challenging the judgment and award dated 17.7.2015 passed by the Claims Tribunal, Mumbai in Claims Application No. 345 of 2008. The Tribunal had awarded compensation of Rs.11,88,000 with interest at 7.5% per annum to the parents of the deceased Brahmanand Padmakar Shukla, who died in a motor vehicular accident on 16.4.2006 at Mahul Pada Road. The claimants alleged that the accident was caused due to rash and negligent driving by the driver of a BEST bus bearing number MH-01-H-8990. The deceased was 21 years old and earning Rs.10,000 per month as an insurance agent. The appellant insurance company denied involvement of the bus and claimed compensation was excessive. The Tribunal, after considering evidence, found that the bus was involved and the driver was negligent. The High Court upheld the finding on negligence but reduced the compensation to Rs.10,38,000 after adjusting the multiplier and deductions, maintaining the interest rate of 7.5%.
Headnote
A) Motor Vehicles Act - Negligence - Involvement of Vehicle - Section 166, 173 Motor Vehicles Act, 1988 - The Tribunal recorded a specific finding that the BEST bus owned by the appellant was involved in the accident and that the accident was caused due to rash and negligent driving by the driver of the bus. The High Court upheld this finding based on evidence. (Paras 6-7)
B) Motor Vehicles Act - Compensation - Quantum - Section 166 Motor Vehicles Act, 1988 - The deceased was 21 years old and earning Rs.10,000 per month as an insurance agent. The Tribunal awarded Rs.11,88,000 with 7.5% interest. The High Court reduced the compensation to Rs.10,38,000 after adjusting the multiplier and deductions. (Paras 8-10)
Issue of Consideration
Whether the BEST bus was involved in the accident and whether the driver was negligent; whether the compensation awarded is just and proper.
Final Decision
The appeal is partly allowed. The impugned judgment and award is modified. The compensation is reduced from Rs.11,88,000 to Rs.10,38,000. The rate of interest at 7.5% per annum is maintained. The appellant is directed to deposit the modified amount within four weeks.
Law Points
- Motor Vehicles Act
- 1988
- Section 173
- Section 166
- Negligence
- Compensation
- Interest
Case Details
2019 LawText (BOM) (10) 101
FIRST APPEAL (ST) NO. 19666 OF 2016 WITH CIVIL APPLICATION NO. 4237 OF 2016 WITH CIVIL APPLICATION NO. 4238 OF 2016
SMT. ANUJA PRABHUDESSAI, J.
Mr. Arsh Mishra i/b. M.V. Kini & Co. for the Appellant/Applicant, Mr. T.J.Mendon for the Respondent Nos.1 and 2
Mumbai Municipal Corporation, Through the General Manager, BEST Undertaking
Mr. Padmakar Rampriy Shukla
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Nature of Litigation
Appeal under Section 173 of the Motor Vehicles Act challenging the judgment and award of the Claims Tribunal in a motor accident claim.
Remedy Sought
The appellant (Mumbai Municipal Corporation) sought to set aside or reduce the compensation awarded by the Tribunal.
Filing Reason
The appellant disputed the involvement of its bus in the accident and the quantum of compensation.
Previous Decisions
The Claims Tribunal, Mumbai, in Claims Application No. 345 of 2008, awarded compensation of Rs.11,88,000 with interest at 7.5% per annum.
Issues
Whether the BEST bus was involved in the accident and whether the driver was negligent.
Whether the compensation awarded by the Tribunal is just and proper.
Submissions/Arguments
The appellant argued that the bus was not involved in the accident and that the compensation was excessive.
The claimants contended that the accident was caused due to rash and negligent driving by the bus driver and that the compensation was just.
Ratio Decidendi
The Tribunal's finding on negligence and involvement of the bus is upheld. However, the compensation is reduced after proper calculation of multiplier and deductions.
Judgment Excerpts
By consent of the parties, delay is condoned.
This is an appeal under Section 173 of the Motor Vehicles Act challenging the judgment and award dated 17.7.2015 in Claims Application No. 345 of 2008.
The Tribunal has recorded a specific finding that the BEST bus no. MH-01-H-8990 owned by the appellant Corporation was involved in the accident.
Procedural History
The claimants filed Claims Application No. 345 of 2008 before the Claims Tribunal, Mumbai, which awarded compensation on 17.7.2015. The appellant filed the present appeal on 23.10.2019, which was heard finally at the stage of admission.
Acts & Sections
- Motor Vehicles Act, 1988: Section 173, Section 166
