Case Note & Summary
The case arises from a motor accident that occurred on 6 February 1993 at about 7:00 p.m. near Ajani over bridge, Nagpur. The respondent No.1, Lekhan s/o Dukhan Varma, a labourer, was riding a bicycle when a water tanker truck bearing registration No.MTF 7022, driven by respondent No.2 Madhukar s/o Gulabrao Chitkambale, dashed into him and another person named Bahoran Singh. While Bahoran Singh died, Lekhan suffered grievous injuries resulting in permanent disability. Lekhan filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 before the Motor Accident Claims Tribunal, Nagpur, seeking compensation of Rs.1,20,000/- jointly and severally from the owner (appellants, the Executive Engineer, Minor Irrigation Department and the Executive Engineer, Wardha Patbhandhare Vibhagh), the driver (respondent No.2), and the insurer (respondent No.3, Director of Insurance, Maharashtra State). The Tribunal partly allowed the petition and awarded Rs.52,000/- as compensation by judgment and award dated 11 January 2002. The appellants, being the employer of the driver, challenged the award on the ground that the compensation was excessive. The High Court noted that the appellants did not challenge the finding of negligence or the quantum of compensation on merits. The court held that the employer is vicariously liable for the negligence of the driver in the course of employment. Since the appellants failed to show any error in the Tribunal's award, the appeal was dismissed with no order as to costs.
Headnote
A) Motor Accident Claims - Vicarious Liability - Employer's Liability - Section 166 Motor Vehicles Act, 1988 - The appellants, being the employer of the driver, are vicariously liable for the negligence of the driver in causing the accident. The Tribunal correctly held the appellants jointly and severally liable along with the driver and insurer. (Paras 1-3) B) Motor Accident Claims - Permanent Disability - Compensation Assessment - Section 166 Motor Vehicles Act, 1988 - The claimant sustained grievous injuries leading to permanent disability. The Tribunal awarded Rs.52,000/- as compensation, which was not challenged on merits by the appellants. The appeal was dismissed as the appellants failed to show any error in the award. (Paras 1-4)
Issue of Consideration
Whether the Tribunal erred in awarding compensation of Rs.52,000/- to the claimant for permanent disability caused by the accident.
Final Decision
The appeal is dismissed. No order as to costs.
Law Points
- Vicarious liability of employer for driver's negligence
- Permanent disability compensation
- Rash and negligent driving
- Section 166 Motor Vehicles Act
- 1988
