Case Note & Summary
The appellant, original claimant, filed a first appeal under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment and award dated 12.08.2011 passed by the Motor Accident Claims Tribunal (Auxiliary), Sabarkanta, Camp at Modasa in MACP No.472/1998. The Tribunal had partly allowed the claim petition and awarded Rs.35,395/- with interest at 7.5% per annum from the date of filing till realization. The accident occurred on 01.08.1997 when the claimant was travelling in a jeep (GJ-9-B-1651) driven by respondent no.3. An ST bus (GJ-1-Z-2598) driven by respondent no.1 came in a rash and negligent manner and dashed with the jeep, causing fracture injuries to the claimant on head, nose, and forehead. The claimant was admitted to Jivan Jyot Hospital as an indoor patient. An FIR (I.C.R. No.66/1997) was lodged at Modasa Rural Police Station. The claimant claimed to be earning Rs.5,000/- per month from selling video cassettes and electric fittings work, and sought compensation of Rs.50,000/-. The respondent no.2 (ST Corporation) filed an affidavit denying the averments. The Tribunal partly allowed the claim, awarding Rs.35,395/-. The appellant challenged the award on the ground of negligence and exoneration of the insurance company of the jeep. The High Court heard learned counsels for the parties. The appellant's counsel argued that the accident occurred due to composite negligence of both drivers, and the Tribunal erred in holding the jeep driver solely negligent and exonerating the jeep's insurer. The court found that the ST bus driver was also negligent, and the Tribunal's finding of sole negligence on the jeep driver was erroneous. The court held that the liability should be joint and several, and the insurer of the jeep cannot be exonerated. The court also found the compensation inadequate and enhanced it to Rs.1,00,000/- with interest at 7.5% per annum from the date of petition till realization. The appeal was partly allowed, and the impugned award was modified accordingly.
Headnote
A) Motor Accident Claims - Composite Negligence - Apportionment of Liability - Where accident involves two vehicles, Tribunal must consider composite negligence and apportion liability between tortfeasors - In the present case, the ST bus driver was also negligent, but Tribunal erroneously held jeep driver solely negligent and exonerated jeep's insurer - Held that liability should be joint and several, and insurer of jeep cannot be exonerated (Paras 7-9). B) Motor Accident Claims - Just Compensation - Enhancement of Award - Tribunal awarded Rs.35,395/- with 7.5% interest - Claimant suffered fracture injuries and was hospitalized - Held that compensation is inadequate and requires enhancement to Rs.1,00,000/- with 7.5% interest from date of petition (Paras 10-11).
Issue of Consideration
Whether the Tribunal erred in holding the jeep driver solely negligent and exonerating the jeep's insurance company from liability, and whether the compensation awarded was just and proper.
Final Decision
The appeal is partly allowed. The impugned judgment and award dated 12.08.2011 is modified. The compensation is enhanced from Rs.35,395/- to Rs.1,00,000/- with interest at 7.5% per annum from the date of filing of the claim petition till realization. The finding of negligence is set aside; both drivers are held jointly and severally liable, and the insurer of the jeep is also liable to satisfy the award.
Law Points
- Composite negligence
- Motor accident compensation
- Exoneration of insurer
- Contributory negligence
- Just compensation
