Case Note & Summary
The case arises from a motor accident that occurred on 25.12.2003 when the deceased, Sureshbhai Ambalal Patel, was driving an Eicher tempo bearing registration No.GJ-7-Y-2200 on National Highway No.8 near Palej village. The respondent No.3, driving another Eicher tempo bearing registration No.GJ-1-UU-5261, came in a rash and negligent manner and suddenly applied brakes, causing both vehicles to collide. The deceased sustained grievous injuries and was taken to Krishna Hospital at Karamsad, where he succumbed to his injuries on 01.03.2004. The claimants, being the heirs of the deceased, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 seeking compensation of Rs.4,00,000/-. The Tribunal, after considering the evidence, rejected the claim petition with costs, holding that the deceased himself was negligent in causing the accident. The claimants appealed to the High Court. The High Court examined the evidence, including the FIR and panchnama, and found that the accident was caused solely by the rash and negligent driving of the driver of the other vehicle who suddenly applied brakes. There was no evidence to show that the deceased contributed to the accident. The High Court held that the Tribunal erred in rejecting the claim petition and allowed the appeal. The court assessed the compensation: the deceased was aged 34 years, earning Rs.3,000/- per month, and applying a multiplier of 17, the loss of dependency was calculated at Rs.3,06,000/-. Adding Rs.15,000/- for loss of estate and Rs.5,000/- for funeral expenses, total compensation was fixed at Rs.3,26,000/-. However, since the claim was for Rs.4,00,000/-, the court awarded Rs.4,00,000/- with interest at 9% per annum from the date of petition till realization. The insurance company was directed to pay the amount within eight weeks.
Headnote
A) Motor Accident Claims - Contributory Negligence - Section 166 Motor Vehicles Act, 1988 - The Tribunal rejected the claim petition holding that the deceased driver was negligent, but the High Court found that the accident was caused by the rash and negligent driving of the driver of the other vehicle who suddenly applied brakes, and there was no evidence of contributory negligence by the deceased. Held that the claimants are entitled to compensation as the deceased was not negligent. (Paras 1-9) B) Motor Accident Claims - Compensation - Section 166 Motor Vehicles Act, 1988 - The deceased was aged 34 years and earning Rs.3,000/- per month as a driver. The High Court assessed compensation at Rs.4,00,000/- with interest at 9% per annum from the date of petition till realization, holding that the Tribunal erred in rejecting the claim. (Paras 8-9)
Issue of Consideration
Whether the Tribunal was justified in rejecting the claim petition on the ground that the deceased driver was negligent in causing the accident, and whether the claimants are entitled to compensation.
Final Decision
The appeal is allowed. The impugned judgment and award dated 30.04.2013 passed by the Motor Accident Claims Tribunal (Aux), Kheda at Nadiad in MACP No.75 of 2004 is quashed and set aside. The claim petition is allowed. The claimants are awarded compensation of Rs.4,00,000/- with interest at 9% per annum from the date of petition till realization. The insurance company is directed to deposit the amount within eight weeks.
Law Points
- Motor Accident Claims
- Contributory Negligence
- Rash and Negligent Driving
- Compensation
- Section 166 Motor Vehicles Act
- 1988
