Case Note & Summary
The appellant, Raju Singh, filed an appeal under Section 173(1) of the Motor Vehicles Act, 1988, against the judgment and award dated 08.04.2019 passed by the Senior Civil Judge and Motor Accident Claims Tribunal, Gangavathi, in MVC No.196/2016. The appellant sought enhancement of compensation awarded for the death of his brother, Tonu Singh, in a motor accident that occurred on 19.02.2015. The appellant claimed that the deceased was a driver aged 33 years and was proceeding along with one Kamalesh from Salunchimara when a lorry driven by respondent no.1, owned by respondent no.2, and insured with respondent no.3, caused the accident due to rash and negligent driving. The Tribunal partly allowed the claim petition and awarded compensation, which the appellant found inadequate. The High Court heard the learned counsel for the appellant and the learned counsel for respondent no.3 (insurance company). The court noted that the brief facts were that on 19.02.2015, the appellant's brother Tonu Singh was proceeding along with Kamalesh from Salunchimara when the accident occurred. The court considered the submissions and found that the Tribunal had correctly assessed negligence and liability but the compensation amount was on the lower side. The court enhanced the compensation by a certain amount, directing the insurance company to pay the enhanced amount with interest. The judgment was delivered by Justice G. Narendar and Justice M.I. Arun on 11.11.2020.
Headnote
A) Motor Accident Claims - Compensation Enhancement - Negligence and Liability - Motor Vehicles Act, 1988, Section 173(1) - Appeal against Tribunal's award seeking enhancement of compensation for death of brother in road accident - Court held that the Tribunal's assessment of negligence and liability was correct, but compensation was inadequate and required enhancement (Paras 1-10).
Issue of Consideration
Whether the compensation awarded by the Tribunal is just and proper and requires enhancement.
Final Decision
The appeal is allowed in part. The compensation awarded by the Tribunal is enhanced. The insurance company is directed to pay the enhanced amount with interest.
Law Points
- Motor Vehicles Act
- 1988
- Section 173(1)
- Compensation
- Negligence
- Liability of Insurance Company
