Case Note & Summary
The present 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 District 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 the rate of 9% per annum from the date of filing of the claim petition till its realization. The facts leading to the appeal are that on 23.05.1997, the deceased Akbarkhan was plying a Suzuki motorcycle and was going from Abu Road to Chitrasani. While he was overtaking a truck bearing registration No.RSS-3307 at moderate speed, the offending truck came at very excessive speed from the wrong side and dashed his motorcycle from behind. As a result, the deceased was run over by the truck and died on the spot. The claimants, being the legal heirs of the deceased, filed the claim petition for compensation of Rs.10,00,000/-. The Insurance Company appeared and filed a written statement at Exh-15 denying all averments. The Tribunal framed issues at Exh-19. The claimants examined the eye-witness and relied on the panchnama of the scene of offence. The Insurance Company did not lead any evidence. The Tribunal held that the accident occurred due to the sole negligence of the truck driver and awarded compensation. The Insurance Company appealed, contending that the deceased was also negligent and that the quantum was excessive. The High Court, after considering the evidence, held that the claimants had proved the negligence of the truck driver and the Insurance Company failed to rebut the same. The Court found no error in the quantum of compensation and dismissed the appeal.
Headnote
A) Motor Accident Claims - Negligence - Burden of Proof - The claimants alleged that the accident occurred due to the sole negligence of the truck driver who came from the wrong side at excessive speed and dashed the motorcycle from behind. The Insurance Company contended contributory negligence but failed to produce any evidence. The Tribunal and the High Court held that the claimants had discharged their burden by examining the eye-witness and the panchnama of the scene of offence, and the Insurance Company failed to rebut the same. (Paras 2-5) B) Motor Accident Claims - Quantum of Compensation - Just and Fair Compensation - The Tribunal awarded Rs.10,72,500/- as compensation with 9% interest per annum. The High Court found no infirmity in the award as the same was based on the evidence on record and the principles laid down under the Motor Vehicles Act, 1988. The appeal was dismissed. (Paras 6-7)
Issue of Consideration
Whether the learned Tribunal erred in holding the driver of the truck negligent and in awarding the compensation amount of Rs.10,72,500/- with 9% interest per annum.
Final Decision
The High Court dismissed the appeal and confirmed 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.
Law Points
- Negligence in motor accident
- burden of proof
- contributory negligence
- quantum of compensation
- interest rate
