Case Note & Summary
The case arises from a motor vehicle accident that occurred on 22 March 1997 at 5.00 p.m. at village Dongargaon, near an orange processing factory, within the limits of Nagpur district. The accident involved a truck and a jeep, resulting in the death of Vaikuntha Wadbudhe. The legal representatives of the deceased, namely Smt. Anusayabai (widow), Ku. Rani (minor daughter), and Master Rajat (minor son), filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 before the Motor Accident Claims Tribunal, Nagpur (Claim Petition No.515 of 1997). The Tribunal, by its judgment and order dated 13 March 2003, partly allowed the claim petition and held the truck owner (Harishchandra Uikey), the truck insurer (United India Insurance Company Limited), the jeep owner (Shobha Sawarkar), and the jeep insurer (National Insurance Company Limited) jointly and severally liable to pay compensation of Rs.25,000 with interest at 9% per annum from 7 July 1997 till realization, along with proportionate costs. The appellant, United India Insurance Company Limited, being the insurer of the truck, challenged the Tribunal's order in the present first appeal. The appellant contended that the accident was not caused by the truck but solely by the jeep, and therefore, the appellant should not be held liable. However, the High Court, after considering the submissions and the evidence on record, found that the Tribunal had correctly appreciated the facts and held both vehicles responsible for the accident. The court noted that the appellant failed to demonstrate any perversity or error in the Tribunal's findings. Consequently, the High Court dismissed the appeal and upheld the impugned judgment and order, confirming the joint and several liability of the appellant along with the other respondents.
Headnote
A) Motor Accident Claims - Joint and Several Liability - Section 166 Motor Vehicles Act, 1988 - The appeal challenged the Tribunal's order holding the truck insurer, truck owner, jeep insurer, and jeep owner jointly and severally liable to pay compensation of Rs.25,000 with interest at 9% per annum from 7.7.1997. The High Court upheld the Tribunal's finding that the accident was caused by both vehicles, and the insurers were jointly liable. Held that the appeal was dismissed as the appellant failed to show any error in the impugned judgment (Paras 1-4).
Issue of Consideration
Whether the appellant insurance company is liable to pay compensation when the accident involved both a truck and a jeep, and whether the joint and several liability imposed by the Tribunal is correct.
Final Decision
The High Court dismissed the appeal and upheld the impugned judgment and order dated 13.3.2003 passed by the Motor Accident Claims Tribunal, Nagpur, in Claim Petition No.515 of 1997, confirming the joint and several liability of the appellant along with other respondents to pay compensation of Rs.25,000 with interest at 9% per annum from 7.7.1997.
Law Points
- Joint and several liability of insurers
- Motor Vehicles Act
- 1988
- Section 166
- Compensation for death
- Interest rate
Case Details
2015 LawText (BOM) (08) 164
First Appeal No.387 of 2003
Shri S.N. Dhanagare for the Appellant; Shri V.R. Thote h/f Shri P.A. Shendre for Respondent Nos.1 to 3
The Manager, United India Insurance Company Limited, Nagpur
1. Smt. Anusayabai wd/o Vaikuntha Wadbudhe, 2. Ku. Rani d/o Vaikuntha Wadbudhe (minor), 3. Master Rajat s/o Vaikuntha Wadbudhe (minor), 4. Harishchandra s/o Chirkut Uikey, 5. Smt. Shobha w/o Ashokrao Sawarkar, 6. Vikas alias Rakesh s/o Sonbaji Fuke, 7. The Manager, National Insurance Company Limited
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Nature of Litigation
First appeal against judgment and order of Motor Accident Claims Tribunal partly allowing claim petition under Section 166 of Motor Vehicles Act, 1988.
Remedy Sought
The appellant insurance company sought to set aside the Tribunal's order holding it jointly and severally liable to pay compensation.
Filing Reason
The appellant contended that the accident was not caused by the insured truck but by the jeep, and therefore the appellant should not be held liable.
Previous Decisions
The Motor Accident Claims Tribunal, Nagpur, by judgment and order dated 13.3.2003 in Claim Petition No.515 of 1997, partly allowed the claim and held the truck owner, truck insurer, jeep owner, and jeep insurer jointly and severally liable to pay Rs.25,000 with interest at 9% per annum from 7.7.1997.
Issues
Whether the appellant insurance company is liable to pay compensation when the accident involved both a truck and a jeep?
Whether the joint and several liability imposed by the Tribunal is correct?
Submissions/Arguments
The appellant argued that the accident was not caused by the truck but solely by the jeep, and therefore the appellant should not be held liable.
The respondents (claimants) supported the Tribunal's finding that both vehicles were responsible for the accident.
Ratio Decidendi
The court held that the Tribunal had correctly appreciated the evidence and found both the truck and jeep responsible for the accident. The appellant failed to show any perversity or error in the Tribunal's findings, and therefore the joint and several liability of the insurers was upheld.
Judgment Excerpts
This First Appeal is directed against the Judgment and Order dt.13.3.2003 passed by the learned Member, Motor Accident Claims Tribunal, Nagpur in Claim Petition No.515 of 1997 whereby the Claim Petition under Section 166 of the Motor Vehicles Act, 1988 was partly allowed with proportionate costs.
The learned Member, M.A.C.T. held the truck owner and truck insurer and the jeep owner and jeep insurer jointly and severally responsible to pay compensation in the sum of Rs.25,000/ with interest @ 9% per annum from 7.7.1997 till realization of payment.
Procedural History
The claim petition was filed on 7.7.1997 before the Motor Accident Claims Tribunal, Nagpur. The Tribunal partly allowed the claim on 13.3.2003. The appellant insurance company filed the present first appeal on an unspecified date. The High Court reserved judgment on 11.6.2015 and pronounced it on 19.8.2015.
Acts & Sections
- Motor Vehicles Act, 1988: Section 166
