Case Note & Summary
The present First Appeal under Section 173 of the Motor Vehicles Act, 1988 was filed by Reliance General Insurance Co. Ltd., the appellant, challenging the judgment and award dated 30.09.2021 passed by the Motor Accident Claims Tribunal (Auxi.), Dhoraji, District Rajkot in MACP No.33 of 2019. The Tribunal had awarded Rs.39,80,000/- with 9% interest per annum to the original claimants, legal heirs of deceased Rajeshbhai Chhaganbhai Thummar, who died in a motor vehicle accident on 02.07.2019. The accident occurred when a truck bearing registration No.GJ-25-U-9928, driven rashly and negligently, hit the deceased's motorcycle (GJ-03-ES-9647) from behind, causing fatal injuries. The claimants sought Rs.80 lakh compensation. The Tribunal held the truck driver solely negligent. The insurance company appealed on grounds that the Tribunal failed to consider contributory negligence of the deceased and awarded excessive compensation. The High Court examined the evidence, including FIR and panchnama, which indicated the truck hit the motorcycle from behind, and found no contributory negligence. On quantum, the Tribunal had considered the deceased's income as per salary certificate (Rs.18,000 per month), added 40% future prospects, applied multiplier of 16, deducted 1/4th for personal expenses, and added conventional heads. The High Court found no perversity in the Tribunal's findings and dismissed the appeal, upholding the award.
Headnote
A) Motor Accident Claims - Contributory Negligence - Section 173 Motor Vehicles Act, 1988 - Appeal against award - Insurance company contended that deceased motorcyclist was negligent - Court held that findings of fact by Tribunal based on evidence cannot be interfered with unless perverse - No contributory negligence established as truck hit motorcycle from behind - Appeal dismissed (Paras 5-7). B) Motor Accident Claims - Quantum of Compensation - Section 173 Motor Vehicles Act, 1988 - Insurance company argued compensation was excessive - Court held that Tribunal considered income, age, multiplier, and deductions correctly - No error in computation - Appeal dismissed (Paras 8-10).
Issue of Consideration
Whether the learned Tribunal erred in not considering contributory negligence of the deceased motorcyclist and in awarding compensation on higher side.
Final Decision
The High Court dismissed the appeal, upholding the judgment and award dated 30.09.2021 passed by the Motor Accident Claims Tribunal (Auxi.), Dhoraji, District Rajkot in MACP No.33 of 2019. No order as to costs.
Law Points
- Motor Vehicles Act
- 1988
- Section 173
- contributory negligence
- quantum of compensation
- perversity
- scope of appeal
