Case Note & Summary
The appellant, Nagjibhai Dhanabhai Rabari, filed a first appeal under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment and award dated 19.04.2019 passed by the Motor Accident Claims Tribunal (Aux.), Kachchh at Anjar, in MACP No.513 of 2015. The claim petition arose from a motor vehicle accident that occurred on 29.08.2006, when the claimant was returning from Patan to Dhabada in a jeep bearing registration No. GJ-12-X-6533, driven by opponent No. 4, Amrabhai Rabari. While overtaking a trailer, a truck bearing registration No. GJ-12-0-6418, driven by opponent No. 1, Amarji Akherajji Jadeja, came rashly and negligently at an excessive speed and dashed head-on with the jeep, causing grievous injuries to the claimant. The Tribunal held that the jeep driver was solely negligent and awarded compensation of Rs.2,500/- per month as income of the deceased. The appellant contended that the Tribunal erred in holding the jeep driver solely negligent, as the accident was a head-on collision, and the truck driver failed to appear or adduce evidence, warranting an adverse inference. The appellant also argued that the income assessment was arbitrary. The High Court, after hearing the parties, found that the Tribunal's finding on negligence was perverse and that the truck driver's non-examination required an adverse inference. The court set aside the Tribunal's award and remanded the matter to the Tribunal for fresh adjudication on the issue of negligence and compensation, directing the Tribunal to decide the matter afresh within six months. The appeal was allowed accordingly.
Headnote
A) Motor Accident Claims - Negligence - Head-On Collision - Adverse Inference - In a head-on collision between a jeep and a truck, the Tribunal held the jeep driver solely negligent. The High Court held that the truck driver, who did not enter the witness box, should have an adverse inference drawn against him. The accident being a head-on collision, both drivers could be equally negligent. The finding of sole negligence on the jeep driver was set aside. (Paras 3-5) B) Motor Accident Claims - Compensation - Income Assessment - The Tribunal assessed the deceased's income at Rs.2,500/- per month without any basis. The High Court found this to be erroneous and remanded the matter for fresh assessment of income and compensation. (Para 5)
Issue of Consideration
Whether the Tribunal erred in holding the jeep driver solely negligent and in assessing the income of the deceased at Rs.2,500/- per month.
Final Decision
The appeal is allowed. The judgment and award dated 19.04.2019 passed by the Motor Accident Claims Tribunal (Aux.), Kachchh at Anjar, in MACP No.513 of 2015 is set aside. The matter is remanded to the Tribunal for fresh adjudication on the issue of negligence and compensation. The Tribunal is directed to decide the matter afresh within six months from the date of receipt of the order.
Law Points
- Negligence in motor accident
- head-on collision
- adverse inference for non-examination of driver
- joint and several liability of tortfeasors
- contributory negligence
- assessment of income of deceased
