Case Note & Summary
The case arises from a motor accident claim petition filed by the legal heirs of the deceased Vajesinh Laxmansinh @ Vikramsinh Makwana, who died in a vehicular accident on 07.02.2006. The deceased was riding a motorcycle bearing Registration No. GJ-9-AA-7027 towards a petrol pump near Village Piplodi, accompanied by a pillion rider. The truck bearing Registration No. AP-16-TV-2408, driven by respondent No.1 in a rash and negligent manner, suddenly applied brakes and took an abrupt turn, causing the motorcycle to collide with the rear side of the truck. The deceased sustained grievous injuries and succumbed to them. The claimants filed M.A.C.P. No. 352 of 2006 before the Motor Accident Claims Tribunal (Main), Sabarkantha at Himmatnagar. The Tribunal dismissed the claim petition on the ground of contributory negligence of the deceased without any evidence on record. The appellants, being the legal heirs of the deceased, preferred the present appeal challenging the dismissal. The Court considered the submissions of the learned advocates for the appellants and the respondents. The Court noted that the Tribunal had not framed any issue regarding contributory negligence and had dismissed the petition solely on that ground without any evidence. The Court held that the Tribunal erred in dismissing the claim petition on the ground of contributory negligence without any evidence on record. The Court set aside the impugned judgment and award and remanded the matter to the Tribunal for fresh adjudication, directing the Tribunal to decide the claim petition afresh in accordance with law, after giving an opportunity of hearing to all the parties. The Court also directed the Tribunal to expedite the hearing and decide the claim petition as early as possible.
Headnote
A) Motor Accident Claims - Negligence - Contributory Negligence - Section 166 Motor Vehicles Act, 1988 - The issue was whether the Tribunal could dismiss the claim petition on the ground of contributory negligence of the deceased without any evidence. The Court held that the Tribunal erred in dismissing the claim petition on the ground of contributory negligence without any evidence on record and remanded the matter for fresh adjudication. (Paras 1-12) B) Motor Accident Claims - Apportionment of Liability - Negligence - The Court held that the Tribunal ought to have considered the evidence and apportioned liability if contributory negligence was alleged, rather than dismissing the claim petition outright. (Paras 10-12)
Issue of Consideration
Whether the learned Tribunal was justified in dismissing the claim petition on the ground of contributory negligence of the deceased without any evidence on record.
Final Decision
The appeal is allowed. The impugned judgment and award dated 03.06.2010 passed by the learned Motor Accident Claims Tribunal (Main), Sabarkantha at Himmatnagar in M.A.C.P. No. 352 of 2006 is set aside. The matter is remanded to the learned Tribunal for fresh adjudication. The learned Tribunal is directed to decide the claim petition afresh in accordance with law, after giving an opportunity of hearing to all the parties. The learned Tribunal is also directed to expedite the hearing and decide the claim petition as early as possible.
Law Points
- Motor Vehicles Act
- 1988
- Section 166
- Negligence
- Contributory Negligence
- Rash and Negligent Driving
- Burden of Proof
- Apportionment of Liability
