Case Note & Summary
The appellant, Pushpalata wd/o Haribhau Gawande, filed a claim petition under the Motor Vehicles Act, 1988 seeking compensation for the death of her husband in a road accident on 3.12.1999. The deceased was riding a Luna moped when an ST bus bearing registration No. MH12/8282, driven by respondent No.1 Ganesh Ingole, hit him due to sudden application of brakes. The Motor Accident Claims Tribunal, Akola dismissed the claim petition in M.A.C.P. No.206 of 2000 on the ground that the appellant failed to prove negligence. The appellant appealed to the High Court. By judgment and order dated 22.7.2013, the High Court remanded the matter for recording additional evidence. Pursuant thereto, the Tribunal recorded evidence of three witnesses: Ramesh Amrutaji Manwar, Rameshwar Narayan Ingole, and Ramesh Ramchandra Kaware. They were cross-examined. The High Court perused the additional evidence and heard submissions. The Court found that the eyewitness Ramesh Amrutaji Manwar deposed that he was travelling in the same bus and saw the bus driver apply sudden brakes, causing a loud sound, and upon alighting, he saw the deceased lying dead with head injuries. The bus driver asked passengers not to disclose anything and the conductor took back tickets, indicating consciousness of negligence. The Court held that the Tribunal's finding of no negligence was perverse and contrary to the evidence. The Court allowed the appeal, set aside the Tribunal's award, and directed the respondents to pay compensation of Rs.1,50,000 with interest at 6% per annum from the date of petition till realization.
Headnote
A) Motor Accident Claims - Negligence - Burden of Proof - Additional Evidence - The appellant, widow of deceased, claimed compensation for death of her husband in a road accident involving an ST bus. The Tribunal dismissed the claim for lack of proof of negligence. On appeal, the High Court remanded for additional evidence. After recording additional evidence, the Court held that the evidence of eyewitnesses established that the bus driver applied sudden brakes, causing the bus to hit the deceased's Luna moped, resulting in death. The driver's conduct of asking passengers not to disclose and conductor taking back tickets indicated consciousness of negligence. Held that the Tribunal's finding was perverse and the appellant is entitled to compensation. (Paras 1-8)
Issue of Consideration
Whether the Motor Accident Claims Tribunal erred in dismissing the claim petition on the ground that the appellant failed to prove negligence of the ST bus driver, and whether additional evidence recorded pursuant to remand establishes negligence.
Final Decision
Appeal allowed. The judgment and award of the Motor Accident Claims Tribunal, Akola in M.A.C.P. No.206 of 2000 is set aside. The respondents are directed to pay compensation of Rs.1,50,000 with interest at 6% per annum from the date of petition till realization.
Law Points
- Motor Accident Claims
- Negligence
- Additional Evidence
- Res Ipsa Loquitur
- Burden of Proof
