Case Note & Summary
The State of Maharashtra and other appellants appealed against the judgment and award dated 5 August 1995 of the Motor Accidents Claim Tribunal (MACT), Nashik, in Motor Accident Claim Petition No.371 of 1990. The MACT had directed the appellants to jointly and severally pay Rs.1,65,000 with 12% interest per annum to the respondents, who are the widow, mother, and two children of the deceased Kailashchandra. The appeal was filed in 1996 with delay, and the matter remained pending for years due to lack of effective steps by the appellants to serve the respondents. The learned AGP for the appellants argued that the deceased was negligent and that the MACT erred in relying on the testimony of the deceased's minor son, who was an interested witness, instead of the testimony of the milk tanker driver. The AGP also pointed out that an FIR was lodged against the deceased, but the criminal prosecution abated due to his death. The Court, however, found that the MACT had properly appreciated the evidence. The minor son's testimony was credible and corroborated by other evidence, and there was no evidence to show contributory negligence by the deceased. The Court dismissed the appeal, upholding the award and interest rate.
Headnote
A) Motor Accident Claims - Negligence - Appreciation of Evidence - Minor's Testimony - The Tribunal relied on the testimony of the deceased's minor son, who was an eyewitness, to hold the driver of the appellants' milk tanker negligent. The Court held that the testimony of a minor, if credible and corroborated, can be relied upon, and the Tribunal's finding of negligence was based on proper appreciation of evidence. (Paras 4-6) B) Motor Accident Claims - Contributory Negligence - Burden of Proof - The appellants contended that the deceased was negligent, but the Court found no evidence to support this. The burden to prove contributory negligence lies on the party alleging it, and the appellants failed to discharge this burden. (Paras 4-5) C) Motor Accident Claims - Quantum of Compensation - Interest Rate - The Tribunal awarded Rs.1,65,000 with 12% interest per annum. The Court upheld the quantum and interest rate, noting that the award was just and fair. (Paras 2, 7)
Issue of Consideration
Whether the Motor Accidents Claim Tribunal erred in relying on the testimony of the deceased's minor son to hold the appellants' driver negligent, and whether the deceased was contributorily negligent.
Final Decision
The appeal is dismissed. The impugned judgment and award dated 05 August 1995 made by the MACT, Nashik in Claim Petition No.371 of 1990 is upheld.
Law Points
- Negligence
- Burden of proof
- Interested witness
- Minor's testimony
- Appreciation of evidence
- Contributory negligence
- Motor accident claim
