Case Note & Summary
The appeal was filed by The New India Assurance Co. Ltd. challenging the judgment and award dated 22.05.2006 passed by the Additional Civil Judge and Additional MACT, Hassan, in MVC No.239/2003, which awarded Rs.2,67,000/- with interest at 6% per annum to the respondents, the parents of the deceased Harisha. The accident occurred on 14.09.1998 when the deceased was traveling in a tractor-trailor bearing registration No.KA-13, T-729 and 730, which was driven rashly and negligently, dashed against a KEB pole, and skidded into a paddy field, causing fatal injuries. The Tribunal held the driver negligent and awarded compensation. The insurance company appealed, contending that the deceased was an unauthorized passenger and contributed to the accident by sitting on the mudguard. The court analyzed the evidence, including the complaint and spot panchanama, and found that the deceased was sitting on the mudguard, which is an unsafe position. The court held that the deceased contributed to the accident by his own negligence, as he failed to take care for his safety. Applying the principle of contributory negligence, the court reduced the compensation by 50%, directing the insurance company to pay Rs.1,33,500/- with interest. The appeal was allowed in part, modifying the award accordingly.
Headnote
A) Motor Accident Claims - Contributory Negligence - Unauthorized Passenger - The deceased, traveling on the mudguard of a tractor-trailor, was held to have contributed to the accident by his own negligence, as he chose an unsafe position. The court reduced the compensation by 50% on account of contributory negligence. (Paras 5-10) B) Motor Accident Claims - Liability of Insurer - Breach of Policy Conditions - The insurance company was not liable to pay the entire compensation as the deceased was an unauthorized passenger, and the driver's negligence was not the sole cause. The court modified the award, directing the insurer to pay 50% of the awarded amount. (Paras 11-15)
Issue of Consideration
Whether the deceased, traveling as an unauthorized passenger on a tractor-trailor, contributed to the accident, and whether the insurance company is liable to pay the entire compensation awarded by the Tribunal.
Final Decision
Appeal allowed in part. The compensation is reduced by 50% on account of contributory negligence. The insurance company is directed to pay Rs.1,33,500/- with interest at 6% per annum from the date of petition till deposit.
Law Points
- Motor Accident Claims
- Contributory Negligence
- Unauthorized Passenger
- Liability of Insurer
- Reduction of Compensation
