Case Note & Summary
The case involves an appeal by the United India Insurance Co. Ltd. against the judgment and award dated 22.07.2011 passed by the Civil Judge (Sr.Dn.) & MACT, Jewargi in MVC No.312/2007. The claimants, legal representatives of the deceased Sharnappa Pujari, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 seeking compensation for the death of Sharnappa in a road accident that occurred on 20.08.2006 at about 10.30 p.m. The deceased was riding a scooter bearing registration No.KA-32-E-8979 when a truck bearing registration No.MWU-3459, carrying logs of wood extending beyond the lorry chassis, suddenly applied brakes without displaying indicators. The deceased dashed against the protruding logs and sustained fatal injuries. The Tribunal held that the truck driver was negligent and awarded compensation of Rs. 4,50,000/- with interest at 6% per annum, fastening liability on the insurer. The insurer appealed contending that the driver of the truck did not possess a valid driving licence and that the deceased was also negligent. The High Court examined the evidence and found that the truck driver did not have a valid driving licence, and that the deceased was also negligent as he failed to notice the protruding logs. The Court held that the accident occurred due to contributory negligence of both drivers. Consequently, the insurer was not liable to pay compensation due to the absence of a valid licence, and the compensation was reduced to Rs. 3,00,000/-. The appeal was allowed in part, modifying the award.
Headnote
A) Motor Accident Claims - Liability of Insurer - Driving Licence - The insurer is not liable to pay compensation if the driver of the offending vehicle did not possess a valid driving licence at the time of accident, as per Section 149 of the Motor Vehicles Act, 1988. The Tribunal erred in fastening liability on the insurer despite the absence of a valid licence. (Paras 5-7) B) Motor Accident Claims - Negligence - Contributory Negligence - The deceased, riding a scooter, dashed against a truck carrying logs of wood extending beyond the chassis. The Tribunal found that the truck driver was negligent, but the High Court held that the deceased was also negligent as he failed to notice the protruding logs. The accident occurred due to contributory negligence of both drivers. (Paras 4-5) C) Motor Accident Claims - Compensation - Quantum - The Tribunal awarded Rs. 4,50,000/- as compensation. The High Court reduced the compensation to Rs. 3,00,000/- considering the contributory negligence of the deceased. (Para 8)
Issue of Consideration
Whether the insurer can be held liable to pay compensation when the driver of the offending vehicle did not possess a valid driving licence and when the deceased was himself negligent?
Final Decision
Appeal allowed in part. The judgment and award of the Tribunal is modified. The insurer is not liable to pay compensation. The owner of the truck is directed to pay compensation of Rs. 3,00,000/- with interest at 6% per annum from the date of petition till deposit. The claimants are entitled to recover the amount from the owner.
Law Points
- Motor Vehicles Act
- 1988
- Section 173(1)
- Section 149
- Section 166
- liability of insurer
- driving licence
- negligence
- contributory negligence
- burden of proof
