Case Note & Summary
The appeal was filed by the claimants, legal representatives of the deceased Mani, challenging the judgment and award dated 29.07.2013 passed by the VIII Additional Small Causes Judge and Motor Accident Claims Tribunal, Bengaluru in MVC No.2787/2011, whereby the Tribunal dismissed the claim petition for compensation. The brief facts are that on 20.03.2011 at about 8.30 p.m., the deceased Mani was crossing the road near Yeshwanthpur Toll Gate, when a car bearing registration No.KA-04-MG-5555 driven by respondent No.2 in a rash and negligent manner dashed against him, causing fatal injuries. The claimants filed a petition under Section 166 of the Motor Vehicles Act, 1988 seeking compensation. The Tribunal dismissed the petition holding that the deceased was negligent in crossing the road without observing traffic and that the driver was not negligent. The High Court, on appeal, examined the evidence and found that the Tribunal had erred in its conclusion. The court noted that the driver of the offending vehicle was charged with offences under the Indian Penal Code and the Motor Vehicles Act, and the charge sheet indicated that the accident occurred due to the negligence of the driver. There was no evidence to show that the deceased was negligent. The court held that the Tribunal had wrongly applied the principle of contributory negligence without any basis. The court allowed the appeal, set aside the Tribunal's order, and awarded compensation of Rs.5,00,000/- with interest at 6% per annum from the date of petition till deposit.
Headnote
A) Motor Accident Claims - Negligence - Contributory Negligence - Section 173(1) of Motor Vehicles Act, 1988 - The Tribunal dismissed the claim petition holding that the deceased was negligent in crossing the road without observing traffic. The High Court held that there was no evidence to prove contributory negligence and that the driver of the offending vehicle was solely negligent. The appeal was allowed and compensation was awarded. (Paras 2-5)
Issue of Consideration
Whether the Tribunal was justified in dismissing the claim petition on the ground of contributory negligence of the deceased without any evidence on record.
Final Decision
The appeal is allowed. The judgment and award dated 29.07.2013 passed in MVC No.2787/2011 is set aside. The claimants are entitled to compensation of Rs.5,00,000/- with interest at 6% per annum from the date of petition till deposit. The respondent insurance company is directed to deposit the amount within four weeks.
Law Points
- Motor Vehicles Act
- 1988
- Section 173(1)
- Negligence
- Contributory Negligence
- Burden of Proof
- Compensation
