Case Note & Summary
The appellant, The Oriental Insurance Company Limited, challenged the judgment and award dated 22.8.2012 passed by the Motor Accident Claims Tribunal, Wardha, in M.A.C.P. No. 179 of 2008. The Tribunal had partly allowed the petition under Section 166 of the Motor Vehicles Act, 1988, holding respondent Nos.2 and 3 (owners of the tractor and trolly) along with the appellant-insurance company jointly liable to pay compensation of Rs.96,000 with interest at 6% per annum from the date of petition till realization to the injured claimant, Tularam Gaikwad. The facts of the case are that on 25.5.2008 at about 7:00 p.m., the claimant was driving his motorcycle (Hero Honda CD-Delux, Registration No.MH-32/F-0843) with a pillion rider, Ravindra Patil, from Kharsoli to his village Jaurwada (Khurd). When the motorcycle reached Mouza Bela Fata, an offending motor vehicle, a tractor and trolly bearing Registration No.MH-31/BB-4515, driven rashly and negligently, dashed against the motorcycle. As a result, the claimant and the pillion rider fell down, and the claimant sustained injuries to his leg and right hand, including multiple fractures. He was taken to Suretech Hospital and Research Centre for treatment. The Tribunal, after considering the evidence, found that the accident occurred due to the rash and negligent driving of the tractor and trolly by its driver, and awarded compensation. The insurance company appealed, contending that the award was excessive and that the Tribunal erred in holding it liable. The High Court, after hearing the counsel for the appellant, respondent No.1 (claimant), and respondents No.2 to 4 (owners), found no merit in the appeal. The court observed that the Tribunal had correctly assessed the compensation and that the insurance company was jointly liable with the owners. The appeal was dismissed, and the award was confirmed.
Headnote
A) Motor Accident Claims - Compensation for Injuries - Section 166 Motor Vehicles Act, 1988 - Claimant sustained multiple fractures due to rash and negligent driving of tractor and trolly - Tribunal awarded Rs.96,000 with interest at 6% p.a. - Insurance company appealed - Held that the award was just and proper, no interference warranted (Paras 1-4).
Issue of Consideration
Whether the appellant-insurance company is liable to pay compensation for injuries caused by a tractor and trolly driven rashly and negligently.
Final Decision
Appeal dismissed. The judgment and award dated 22.8.2012 passed by the learned Member, Motor Accident Claims Tribunal, Wardha, in M.A.C.P. No. 179 of 2008 is confirmed.
Law Points
- Motor Vehicles Act
- 1988
- Section 166
- Compensation for injuries
- Joint liability of insurer and owners
- Negligence in driving tractor-trolly
