Case Note & Summary
The case arises from a motor accident claim under Section 166 of the Motor Vehicles Act, 1988. The appellants, legal representatives of the deceased N. Ramchandra Naik, filed a claim petition before the Motor Accident Claims Tribunal, Chandrapur, seeking compensation for the death of Naik in a road accident involving a jeep and a tipper truck. The Tribunal, by award dated 22.09.2014 in M.A.C.P. No. 122 of 2008, held the owner of the jeep liable to pay Rs.27,21,800/- with interest at 9% per annum, exonerating the tipper truck driver and its insurer. The claimants appealed, contending that the tipper truck driver was also negligent. The High Court examined the evidence, including the spot panchnama and police report, which showed that the tipper truck was parked on the road without lights and without any indicator, and the jeep collided with it from behind. The court held that the tipper truck driver was negligent for parking without lights, contributing to the accident. The court apportioned liability equally between the jeep driver and the tipper truck driver, directing the insurer of the tipper truck (Iffco Toko General Insurance Co. Ltd.) to pay 50% of the compensation amount. The appeal was allowed, and the award was modified accordingly.
Headnote
A) Motor Vehicles Act - Contributory Negligence - Apportionment of Liability - Section 166 Motor Vehicles Act, 1988 - The court considered whether the Tribunal erred in holding the jeep driver solely negligent and exonerating the tipper truck driver. The court found that the tipper truck driver was also negligent as he was driving without lights and parked on the road without any indicator, contributing to the accident. Held that both drivers were equally negligent, and the insurer of the tipper truck is liable to pay 50% of the compensation amount (Paras 3-5).
Issue of Consideration
Whether the Motor Accident Claims Tribunal erred in holding the driver of the jeep solely negligent and exonerating the driver of the tipper truck, and whether the insurer of the tipper truck is liable to pay compensation.
Final Decision
The appeal is allowed. The award of the Motor Accident Claims Tribunal is modified. The driver of the jeep and the driver of the tipper truck are held equally negligent. Respondent No.3 (Iffco Toko General Insurance Co. Ltd.) is directed to pay 50% of the compensation amount of Rs.27,21,800/- with interest at 9% per annum from the date of application till realization. The award against the owner of the jeep is reduced to 50%.
Law Points
- Contributory negligence
- Apportionment of liability
- Motor accident claims
- Section 166 Motor Vehicles Act
- 1988
