Case Note & Summary
The appeal was filed by the claimants, legal heirs of the deceased Pratapbhai Natvarlal Chunara, against the judgment and award dated 29.02.2012 passed by the Motor Accident Claims Tribunal (Aux), Court No.17, Ahmedabad in Motor Accident Claim Petition No.902 of 2007. The Tribunal had partly allowed the claim petition and awarded a sum of Rs.4,14,000/- as compensation with interest at 7.5% per annum, but deducted 30% of the awarded amount on account of the self-negligence of the deceased. The accident occurred on 22.01.2007 at about 9:00 p.m. when the deceased was driving his Toofan Jeep bearing registration No.GJ-1-XX-8839 from Ahmedabad towards Kachchh. The respondent No.1 drove his truck bearing registration No.GJ-1-VV-9215 from the opposite direction in a rash and negligent manner and at an excessive speed, dashing with the deceased's vehicle. The deceased sustained serious injuries and succumbed to them. The claimants sought enhancement of compensation and setting aside of the 30% deduction. The High Court examined the evidence and found that the accident was solely caused by the rash and negligent driving of the truck driver. There was no evidence of contributory negligence by the deceased. The court held that the deduction of 30% was unjustified and set it aside. The court also held that the claimants are entitled to recover the full compensation from the insurance company of the truck, as the truck driver was a joint tortfeasor. The apportionment of liability between joint tortfeasors is a matter between them and does not affect the claimants' right to recover the entire amount from any one of them. The appeal was allowed, and the compensation was enhanced to Rs.5,91,429/- with interest at 7.5% per annum.
Headnote
A) Motor Accident Claims - Contributory Negligence - Apportionment of Liability - Joint Tortfeasors - Motor Vehicles Act, 1988 - The deceased was driving his jeep when a truck driven rashly and negligently from the opposite direction dashed into his vehicle. The Tribunal deducted 30% of the compensation on account of self-negligence of the deceased. The High Court held that there was no evidence of contributory negligence by the deceased and that the accident was solely caused by the rash and negligent driving of the truck driver. The deduction of 30% was set aside. (Paras 1-10) B) Motor Accident Claims - Joint Tortfeasors - Right to Recover from Any Joint Tortfeasor - Motor Vehicles Act, 1988 - The High Court held that the claimants are entitled to recover the full compensation from the insurance company of the truck, as the truck driver was a joint tortfeasor. The apportionment of liability between joint tortfeasors is a matter between them and does not affect the claimants' right to recover the entire amount from any one of them. (Paras 10-12)
Issue of Consideration
Whether the Tribunal was justified in deducting 30% of the compensation on account of self-negligence of the deceased when the accident was caused by the rash and negligent driving of the truck driver, and whether the claimants are entitled to recover the full compensation from the insurance company of the truck.
Final Decision
The appeal is allowed. The impugned judgment and award dated 29.02.2012 is modified. The deduction of 30% on account of self-negligence is set aside. The claimants are entitled to recover the full compensation of Rs.5,91,429/- with interest at 7.5% per annum from the date of filing of the claim petition till its realization. The insurance company of the truck is directed to pay the entire amount.
Law Points
- Contributory negligence
- Joint tortfeasors
- Apportionment of liability
- Right to recover from any joint tortfeasor
- Motor Vehicles Act
- 1988
