Case Note & Summary
The appeal was filed by the National Insurance Company Limited against the judgment and award dated 07.11.2015 passed by the Motor Accident Claims Tribunal (Aux), Banaskantha at Palanpur in Motor Accident Claim Petition No.401 of 1997, whereby the Tribunal partly allowed the claim petition and awarded a sum of Rs.10,72,500/- as compensation along with simple interest at 9% per annum from the date of filing till realization. The accident occurred on 23.05.1997 when the deceased Akbarkhan was riding a Suzuki motor-cycle from Abu Road to Chitrasani. While overtaking a truck bearing registration No.RSS-3307 at moderate speed, the offending truck came at excessive speed from the wrong side and dashed the motor-cycle from behind, causing the deceased to be run over and die on the spot. The claimants filed a claim petition for Rs.10,00,000/-. The Insurance Company appeared and filed a written statement at Exh-15 denying the averments. The Tribunal framed issues at Exh-19. The Insurance Company argued that the accident occurred due to the negligence of the deceased himself and that the quantum was excessive. The claimants contended that the truck driver was solely negligent. The court held that the Insurance Company failed to lead any evidence to prove contributory negligence, and the evidence of the claimants was sufficient to establish negligence of the truck driver. The court also found the quantum of compensation and the rate of interest to be just and proper. Consequently, the appeal was dismissed and the impugned judgment and award was confirmed.
Headnote
A) Motor Accident Claims - Negligence - Burden of Proof - The claimants alleged that the truck driver drove at excessive speed from the wrong side and dashed the motor-cycle from behind, causing death. The Insurance Company contended contributory negligence but failed to lead any evidence. The Tribunal and High Court held that the burden to prove contributory negligence lies on the party alleging it, and in absence of evidence, the version of the claimants must be accepted. (Paras 2-5) B) Motor Accident Claims - Quantum of Compensation - Just and Fair Compensation - The Tribunal awarded Rs.10,72,500/- with 9% interest. The High Court found no error in the computation or rate of interest, as the award was based on evidence and was just and proper under Section 168 of the Motor Vehicles Act, 1988. (Paras 6-7)
Issue of Consideration
Whether the learned Tribunal erred in holding the truck driver negligent and in awarding the quantum of compensation and interest.
Final Decision
The appeal is dismissed. The impugned judgment and award dated 07.11.2015 passed by the Motor Accident Claims Tribunal (Aux), Banaskantha at Palanpur in Motor Accident Claim Petition No.401 of 1997 is confirmed. No order as to costs.
Law Points
- Negligence in motor accident
- burden of proof
- contributory negligence
- quantum of compensation
- interest rate
