Case Note & Summary
The appellant, Maharashtra State Road Transport Corporation, challenged the Judgment and Award dated 14th January 2020 passed by the Motor Accident Claims Tribunal, Nashik, which directed the appellant to pay compensation of Rs. 90,429/- with 7% interest to the respondent, Sanket Dattatraya Mistri, for injuries sustained in a motor vehicle accident. The accident occurred on 29th August 2017 at about 1:30 AM when the respondent was traveling in an ST bus bearing No. MH-14-BT-4351 to Pune. The bus driver drove at high speed and negligently dashed into a parked tempo bearing No. MH-17-T-4199, which had been parked with adequate precautions including stones and indicators. The respondent suffered a head injury, mild SAH right occipital parietal region, fracture to mandible, and fracture on the left frontal sinus. A crime was registered at Narayangaon Police Station under Sections 304A, 337, 338, 427 IPC and Section 184 Motor Vehicles Act. The respondent was initially treated at Siddhi Multi Specialty Hospital, Narayangaon, and later shifted to Apollo Hospital, Nashik. He was advised diet food for 3 months and incurred expenses of Rs. 1,00,000/- for medicine, operation, doctor bills, diet, travel, and attendant charges. The respondent was a professor at Sinhgad Institute, Pune. The tribunal awarded compensation including no-fault liability. The appellant contended that the tribunal erred in its findings. The High Court, after hearing both sides, found no merit in the appeal and dismissed it, upholding the tribunal's award. The court noted that the tribunal had correctly assessed the evidence and the compensation was just and reasonable.
Headnote
A) Motor Accident Claims - Negligence - Compensation - Sections 166, 168 Motor Vehicles Act, 1988 - The appellant challenged the award of Rs. 90,429/- with 7% interest for injuries sustained by the respondent when an ST bus driven rashly dashed into a parked tempo. The court upheld the tribunal's finding of negligence and the quantum of compensation, noting that the claimant had proved the accident and injuries. (Paras 1-5) B) Motor Accident Claims - No-Fault Liability - Section 140 Motor Vehicles Act, 1988 - The tribunal included no-fault liability in the compensation. The court did not disturb this finding. (Para 1) C) Motor Accident Claims - Interest Rate - Section 171 Motor Vehicles Act, 1988 - The court upheld the 7% per annum interest from the date of application till realization. (Para 1)
Issue of Consideration
Whether the Motor Accident Claims Tribunal erred in awarding compensation to the respondent/claimant for injuries sustained in a motor vehicle accident involving an ST bus owned by the appellant.
Final Decision
The appeal is dismissed. The Impugned Judgment and Award dated 14th January 2020 passed by the Motor Accident Claims Tribunal, Nashik, is upheld. No order as to costs.
Law Points
- Motor Accident Claims
- Negligence
- Compensation
- No-Fault Liability
- Interest Rate
