Case Note & Summary
The case involves an appeal filed by the Group Insurance Fund of NWKRTC, Belagavi, under Section 173(1) of the Motor Vehicles Act, 1988, against the judgment and award dated 04.07.2019 passed by the XII Additional District and Sessions Judge, Belagavi, sitting at Gokak, in MVC No.1005/2018. The Tribunal had awarded compensation of Rs.25,90,000/- with interest at 9% per annum from the date of petition till realization to the respondents, who are the wife and minor son of the deceased Balappa Naik. The deceased was riding a motorcycle when he was hit by a bus owned by the appellant Corporation, driven rashly and negligently. The deceased succumbed to injuries on the way to the hospital. The respondents claimed that the deceased was a mason earning Rs.15,000/- per month. The appellant contended that the compensation was excessive and that the driver of the bus was not negligent. However, the court noted that the driver of the bus had been convicted in criminal proceedings for the same accident, which was a strong piece of evidence. The court also found that the evidence of PW.3, who spoke about the deceased's income, was consistent. The court held that the compensation awarded by the Tribunal was just and proper, and dismissed the appeal with no order as to costs.
Headnote
A) Motor Accident Compensation - Negligence - Rash and Negligent Driving - Motor Vehicles Act, 1988, Section 173(1) - The appeal challenged the quantum of compensation awarded by the Tribunal for the death of a mason in a road accident involving a bus owned by the appellant Corporation. The court upheld the Tribunal's finding of negligence based on the criminal conviction of the bus driver and consistent evidence of rash driving. Held that the compensation of Rs.25,90,000/- with 9% interest was just and proper, and the appeal was dismissed. (Paras 1-5)
Issue of Consideration
Whether the compensation awarded by the Tribunal is excessive and whether the appellant Corporation is liable to pay the same.
Final Decision
The appeal is dismissed. The judgment and award dated 04.07.2019 passed in MVC No.1005/2018 by the XII Additional District and Sessions Judge, Belagavi, sitting at Gokak, is confirmed. No order as to costs.
Law Points
- Motor Vehicles Act
- 1988
- Section 173(1)
- Compensation
- Negligence
- Rash and Negligent Driving
- Criminal Conviction as Evidence
- Quantum of Compensation
- Interest Rate
