Case Note & Summary
The case arises from a motor accident claim filed by the parents of a minor deceased, Mehulbhai Thakorbhai Patel, who died due to injuries sustained in a road accident on 14.01.2014. The accident occurred when a motor car bearing registration No. GJ-05-CK-6509, driven rashly and negligently by the opponent, dashed against the deceased who was standing near a petrol pump. The deceased was initially treated at Primary Health Centre, Tankal, then at Kharel and D.N. Mehta Hospital, Navsari, and later at Alipore and Surat Hospitals, but succumbed to injuries on 26.02.2014. The claimants filed MACP No.171 of 2014 before the Motor Accident Claims Tribunal (Aux.), Navsari, seeking compensation. The Tribunal awarded compensation of Rs. 4,50,000 with interest at 9% per annum from the date of petition till realization. The appellant, Bajaj Allianz General Insurance Co. Ltd., challenged the award primarily on the ground that the vehicle was not involved in the accident, citing delay in FIR registration and alleging planting of the vehicle. The High Court heard arguments from both sides. The appellant's counsel argued that the FIR was lodged after two days, the vehicle was planted, and there was no eyewitness. The respondents' counsel supported the Tribunal's findings. The court analyzed the evidence, including the FIR, panchnama, and medical records, and found that the Tribunal had correctly concluded that the vehicle was involved and driven negligently. The court noted that the delay in FIR was explained by the fact that the deceased was undergoing treatment and the family was focused on his care. The allegation of planting was not supported by evidence. The court upheld the compensation amount, noting that for a minor, notional income of Rs. 15,000 per annum and multiplier of 18 are appropriate. The appeal was dismissed with no order as to costs.
Headnote
A) Motor Accident Claims - Involvement of Vehicle - Rash and Negligent Driving - The court considered whether the vehicle was involved in the accident and whether the driver was negligent. The Tribunal's finding that the vehicle was involved and driven rashly was upheld based on eyewitness testimony and medical evidence. (Paras 3-5) B) Motor Accident Claims - Delay in FIR - Planting of Vehicle - The court examined the effect of delay in lodging FIR and allegations of vehicle planting. It held that delay alone is not fatal if the accident is proved, and the planting allegation was not substantiated. (Paras 4-5) C) Motor Accident Claims - Compensation for Minor Deceased - Notional Income - The court applied the principle that for a minor, notional income of Rs. 15,000 per annum is considered, and multiplier of 18 is appropriate as per Second Schedule of Motor Vehicles Act, 1988. (Para 6)
Issue of Consideration
Whether the vehicle in question was involved in the accident and whether the Tribunal erred in awarding compensation despite alleged delay in FIR and planting of vehicle.
Final Decision
Appeal dismissed. The judgment and award dated 13.12.2021 passed by Motor Accident Claims Tribunal (Aux.), Navsari in MACP No.171 of 2014 is confirmed. No order as to costs.
Law Points
- Motor Accident Claims
- Rash and Negligent Driving
- Involvement of Vehicle
- Delay in FIR
- Planting of Vehicle
- Eyewitness Testimony
- Compensation for Minor Deceased
- Notional Income
- Multiplier
