Case Note & Summary
The National Insurance Company Ltd. appealed against the Tribunal's award of Rs.4,28,000/- compensation to claimants (married daughters of deceased) in a fatal motor accident case involving a tempo and motorcycle collision -- The Insurance Company challenged territorial jurisdiction, alleged contributory negligence due to triple riding, argued non-joinder of necessary parties, and contested the compensation amount -- The High Court examined each contention, finding that the Tribunal had proper jurisdiction under Section 166(2) of MV Act as the accident occurred within its territorial limits -- The Court held that mere triple riding under Section 128 of MV Act does not automatically establish contributory negligence without evidence it caused the accident -- The compensation for loss of estate was found reasonable based on established principles -- The Court partly allowed the appeal and awarded additional compensation in favour of claimants even in absence of appeal at the instance of claimants in view of Order XLI Rule 33 of CPC
Headnote
Motor Vehicles Act, 1988-- Section 173 -- Code of civil Procedure, 1908-- Order XLI Rule 33 -- Fatal accident-- Claim for compensation-- Ld. Tribunal allowed claim petition in part-- Aggrieved-- Challenged to the award by insurance company in an appeal-- Quantum of compensation-- Deceased was driving motorbike with two pillion riders-- Accident-- Contention as to violation of law raised by appellant/insurance company-- Scope and ambit of Order XLI Rule 33 of CPC elaborately discussed-- Wide discretionay powers of appellate court under Order XLI Rule 33 of CPC-- Applicability of Order XLI Rule 33 of CPC to the proceedings u/s 173 of MV Act in an appeal-- Absence of an appeal or cross objection by the claimants does not denude the jurisdiction of the appellate court-- Principles of Just and fair compensation to claimants applied-- Case of E. Suseelamme (Supra) relied upon-- Merely because the claimants have not preferred an appeal or filed a cross objection, the court is not precluded from examining whether the tribunal has correctly applied law governing assessment of compensation-- Appropriate relief can be granted to the claimants even if they have not filed an appeal or cross objection-- Income of deceased assessed at Rs 6000/- pm instead of Rs 3500/- pm-- Multiplier of 9 applied-- Amount of compensation Rs 48,000/- towards loss of love and affection for six claimants each in place of Rs 30,000/- -- Loss of estate-- Funeral expenses awarded Rs 15,000/- -- Award modified and total amount of compensation enhanced-- Appeal allowed in part Para-- 10, 11, 12, 13, 16, 17
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Issue of Consideration: The Issue of territorial jurisdiction, contributory negligence, and compensation assessment in motor accident claims
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Final Decision
The High Court dismissed the appeal and upheld the Tribunal's award of Rs.4,28,000/- compensation with 9% interest -- The Court imposed costs of Rs.25,000/- on the appellant Insurance Company payable to respondents 1-6 within eight weeks
