Case Note & Summary
The case arises from a motor accident on 17.01.2021 where Mario Bernard Fernandes (Bernard), riding an Activa scooter, collided with a Toyota Qualis insured by the appellant, National Insurance Company. Bernard died in the accident. His 66-year-old widowed mother filed a claim petition before the Motor Accidents Claims Tribunal, North Goa at Panaji, which awarded compensation of Rs.1,31,98,000/- with 6% interest. The insurer appealed, challenging the Tribunal's finding of negligence against the insured vehicle's driver and arguing contributory negligence by Bernard. The High Court heard arguments from Ms. Yadika Mandrekar for the appellant and Mr. Milton Marshal for the respondent claimant. The Court examined the evidence, including the FIR and police depositions, and found that the Tribunal's conclusion on negligence was based on material evidence and not perverse. The Court also held that the insurer failed to discharge its burden to prove contributory negligence, as the mere fact that Bernard was not wearing a helmet or came from a side road did not establish his negligence. The appeal was dismissed, and the award was upheld.
Headnote
A) Motor Accident Claims - Negligence - Finding of Fact - The Tribunal's finding that the driver of the insured vehicle was negligent was based on evidence, including the FIR and depositions, and was not perverse. The High Court declined to interfere in appeal. (Paras 2-10)
B) Motor Accident Claims - Contributory Negligence - Burden of Proof - The insurer failed to prove contributory negligence on the part of the deceased. The mere fact that the deceased was not wearing a helmet or came from a side road does not automatically establish contributory negligence. (Paras 5-10)
Issue of Consideration
Whether the Tribunal's finding on negligence was perverse and whether there was contributory negligence on the part of the deceased.
Final Decision
The appeal is dismissed. The impugned Judgment and Award dated 30.01.2024 made by the Motor Accidents Claims Tribunal, North Goa at Panaji is upheld.
Law Points
- Negligence in motor accident claims
- contributory negligence
- burden of proof on insurer
- scope of appeal against findings of fact
Case Details
2025 LawText (BOM) (12) 389
First Appeal No.1 of 2025
Ms. Yadika Mandrekar for the Petitioner, Mr. Milton Marshal for Respondent No.1
The National Insurance, Panaji Division I, Souza Towers, 2nd Floor, S/4-5, Dr. Domingos Souza Road, Near Municipal Garden, Panaji Goa 403001 Through its Authorised Officer Manager, Mrs. Catarina L Alvares
1. Mrs. Conciecao Especiosa Mariana Fernandes, 2. Mr. Joaquim Gabriel Monteiro
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Nature of Litigation
Appeal against award of compensation in motor accident claim
Remedy Sought
Insurer sought to set aside the Tribunal's award on negligence and contributory negligence
Filing Reason
Insurer challenged the finding of negligence and alleged contributory negligence by deceased
Previous Decisions
Motor Accidents Claims Tribunal awarded Rs.1,31,98,000/- with 6% interest on 30.01.2024
Issues
Whether the Tribunal's finding on negligence was perverse?
Whether there was contributory negligence on the part of the deceased?
Submissions/Arguments
Appellant argued that the deceased was negligent as he came from a side road without helmet and dashed against insured vehicle; FIR was not pursued; police depositions showed no negligence of insured vehicle driver.
Appellant alternatively argued contributory negligence of at least 50%.
Respondent supported the Tribunal's finding based on evidence.
Ratio Decidendi
The Tribunal's finding on negligence is a finding of fact based on evidence and not perverse; the insurer failed to prove contributory negligence. The High Court will not interfere with such findings in appeal.
Judgment Excerpts
Heard learned Counsel for the parties.
The Appellant Insurer challenges the Judgment and Award dated 30.01.2024 made by the Motor Accidents Claims Tribunal, North Goa at Panaji (Tribunal), awarding the Respondent Claimant compensation of Rs.1,31,98,000/- with interest @ 6% per annum...
Procedural History
Claim petition filed by widow mother of deceased before Motor Accidents Claims Tribunal, North Goa at Panaji; Tribunal awarded compensation on 30.01.2024; Insurer filed First Appeal No.1 of 2025 before High Court of Bombay at Goa; High Court dismissed appeal on 24.12.2025.
Acts & Sections
- Motor Vehicles Act, 1988:
