Case Note & Summary
The case arises from a motor accident that occurred on 17.03.2018 at about 9:15 p.m. The deceased, a Superintendent in the office of the Chief Conservator of Forests, was riding his two-wheeler on Nidamangalam Road. A car insured with the appellant-Insurance Company, which was proceeding ahead, was suddenly brought to a halt without any signal, and its door was abruptly opened. The deceased dashed against the opened door, sustaining grievous head injuries. He underwent treatment including decompressive craniectomy but became bedridden and later succumbed to the injuries. His wife filed a claim petition seeking compensation of over Rs.2,00,00,000/-. The Insurance Company filed a counter denying negligence and disputing income. The claimant examined four witnesses and marked Exhibits P1 to P17, while the Insurance Company adduced no evidence. The Tribunal held the car driver solely negligent and awarded Rs.1,40,38,169/-. The Insurance Company appealed, primarily on the ground of contributory negligence. The High Court noted that the Insurance Company did not examine any witness or produce any document to support its plea of contributory negligence. The court held that the burden to prove contributory negligence lies on the party alleging it, and in the absence of evidence, the Tribunal's finding of sole negligence based on unrebutted evidence cannot be interfered with. The appeal was dismissed, and the award was confirmed.
Headnote
A) Motor Accident Claims - Contributory Negligence - Burden of Proof - The appellant-insurance company alleged contributory negligence on the part of the deceased two-wheeler rider but failed to adduce any evidence to support the plea. The Tribunal's finding of sole negligence on the car driver, based on unrebutted oral and documentary evidence, was upheld. Held that the burden to prove contributory negligence lies on the party asserting it, and in the absence of evidence, the finding cannot be disturbed (Paras 4-6).
Issue of Consideration
Whether the Tribunal erred in holding the driver of the insured car solely negligent and in not attributing contributory negligence to the deceased two-wheeler rider.
Final Decision
The appeal is dismissed. The award of the Tribunal dated 27.06.2023 in M.C.O.P.No.370 of 2020 is confirmed. No costs. Consequently, connected miscellaneous petition is closed.
Law Points
- Contributory negligence must be pleaded and proved by the party alleging it
- Unrebutted evidence of negligence is sufficient to sustain award
- Appellate court cannot interfere with findings of fact based on evidence
