Case Note & Summary
The New India Assurance Co. Ltd. appealed against an award of the Motor Accident Claims Tribunal, North Goa, Mapusa, which allowed a compensation petition under Section 166 of the Motor Vehicles Act, 1988, filed by the respondents no.1 to 3 (the widow, daughter, and mother of the deceased Parshuram Hosamani). The Tribunal had saddled the insurer with the liability to indemnify the registered owner, respondent no.5. The accident occurred on 3 April 2009 at Chowgule Mines, Pale-Bicholim, Goa, when a truck driven by respondent no.4 fell on the deceased while he was standing on the lower level of the road. The claimants sought compensation of Rs. 21,00,000. The insurer challenged the award on the ground that the claimants failed to prove that the accident was caused due to rash and negligent driving of the truck. The court noted that the claimants did not examine any eyewitness to the accident and the only witness examined was the widow, who was not present at the scene. The court held that the burden of proof of negligence lies on the claimants and they failed to discharge it. Consequently, the court allowed the appeal, set aside the award, and dismissed the claim petition. The court also noted that the driver and owner were not represented before the Tribunal.
Headnote
A) Motor Accident Claims - Negligence - Burden of Proof - Section 166 Motor Vehicles Act, 1988 - Claimants sought compensation for death in a vehicular accident - The court held that the burden to prove negligence lies on the claimants and they failed to adduce any evidence to show that the truck driver was rash or negligent - The accident occurred when the truck fell on the deceased while he was standing on the lower level of the road, but no witness or document established the driver's fault - Held that the Tribunal erred in awarding compensation without proof of negligence (Paras 2-5).
Issue of Consideration
Whether the claimants proved that the accident occurred due to rash and negligent driving of the truck by the driver, and whether the insurer is liable to indemnify the owner in the absence of such proof.
Final Decision
The appeal is allowed. The impugned award is set aside. The claim petition is dismissed. No order as to costs.
Law Points
- Burden of proof in motor accident claims
- Negligence must be proved by claimant
- No presumption of negligence in hit-and-run cases
- Insurer not liable without established negligence
Case Details
2017 LawText (BOM) (02) 102
First Appeal No.128 of 2015
Shri E. Afonso for the Appellant, Shri Milton Marshel for the Respondents
The New India Assurance Co. Ltd.
Mrs. Mahadevi Parshuram Hosamani & Ors.
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Nature of Litigation
Appeal against award of Motor Accident Claims Tribunal granting compensation under Section 166 of Motor Vehicles Act, 1988.
Remedy Sought
The insurer sought to set aside the award and be absolved from liability to indemnify the owner.
Filing Reason
The insurer contended that the claimants failed to prove that the accident was caused due to rash and negligent driving of the truck.
Previous Decisions
The Motor Accident Claims Tribunal, North Goa, Mapusa allowed the claim petition and directed the insurer to pay compensation.
Issues
Whether the claimants proved that the accident occurred due to rash and negligent driving of the truck by the driver?
Whether the insurer is liable to indemnify the owner in the absence of proof of negligence?
Submissions/Arguments
The appellant insurer argued that the claimants did not examine any eyewitness to prove negligence and the widow's testimony was not sufficient as she was not present at the scene.
The respondents (claimants) argued that the accident occurred due to the truck falling on the deceased, implying negligence.
Ratio Decidendi
In a claim under Section 166 of the Motor Vehicles Act, 1988, the burden of proving that the accident was caused due to rash and negligent driving of the vehicle lies on the claimants. Mere occurrence of an accident does not give rise to a presumption of negligence. If the claimants fail to adduce any evidence to establish negligence, the claim must be dismissed.
Judgment Excerpts
The insurer aggrieved by the award passed by the learned Motor Accident Claims Tribunal, North Goa, Mapusa allowing the petition in favour of the respondents no.1 to 3 and saddling them with the liability to indemnify the registered owner i.e. the respondent no.5 herein have challenged the award in this appeal.
It was their case that while Parshuram, since deceased, was standing on the lower level of the road, the truck driven by the original respondent no.1 i.e. the respondent no.4 herein, at a fast speed and in a rash and negligent manner fell on him causing injuries to him.
Procedural History
The respondents no.1 to 3 filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 before the Motor Accident Claims Tribunal, North Goa, Mapusa. The Tribunal allowed the petition and awarded compensation. The insurer filed the present appeal before the High Court of Bombay at Goa.
Acts & Sections
- Motor Vehicles Act, 1988: Section 166
