Case Note & Summary
The case arises from a motor accident claim petition filed by the appellants (husband, son, and mother-in-law of the deceased) before the Motor Accident Claims Tribunal (Tribunal) in M.A.C.P. No. 24/2013. On 08.12.2012, the wife of appellant no.1 was travelling in an auto-rickshaw when a truck driven by respondent no.1, owned by respondent no.2, and insured by respondent no.3, violently dashed the auto-rickshaw from behind. The deceased suffered serious injuries and died. A crime was registered under Sections 304-A, 279, 337, and 427 of the Indian Penal Code. The deceased was a 57-year-old Headmistress in a Zilla Parishad school. The appellants sought compensation of Rs.40,00,000/- with interest. The Tribunal, by judgment dated 09.12.2016, dismissed the claim petition, holding that although it was a case of composite negligence, the claimants failed to prove that negligence was attributable to the driver of either vehicle. The High Court, in appeal, found the Tribunal's finding contradictory: having held composite negligence, it could not simultaneously hold that negligence was not proved against any driver. The court noted that in composite negligence, claimants are entitled to recover from any joint tortfeasor. The court allowed the appeal, set aside the Tribunal's order, and remitted the matter to the Tribunal for determination of quantum of compensation, directing the Tribunal to decide the claim petition afresh within six months.
Headnote
A) Motor Accident Claims - Composite Negligence - Burden of Proof - Motor Vehicles Act, 1988, Sections 166, 168 - The Tribunal found composite negligence but held claimants failed to prove which driver was negligent - The High Court held that once composite negligence is established, claimants are entitled to recover from any joint tortfeasor, and the Tribunal's finding was contradictory and erroneous - Held that the appeal is allowed and the matter is remitted for determination of quantum (Paras 4-7).
Issue of Consideration
Whether the Tribunal erred in dismissing the claim petition on the ground that the claimants failed to prove negligence attributable to the driver of either vehicle, despite finding composite negligence.
Final Decision
The appeal is allowed. The impugned judgment and order dated 09.12.2016 passed by the Motor Accident Claims Tribunal in M.A.C.P. No. 24/2013 is set aside. The matter is remitted back to the Tribunal for determination of quantum of compensation. The Tribunal is directed to decide the claim petition afresh within six months from the date of receipt of the order.
Law Points
- Composite negligence
- burden of proof in motor accident claims
- strict liability of joint tortfeasors
- entitlement to compensation from any joint tortfeasor
Case Details
2018 LawText (BOM) (02) 99
Mr. P.R. Agrawal for Appellants, Mr. D.N. Kukday for Respondent No.3
Keshavrao s/o Shankarrao Deshmukh, Yogesh s/o Keshavrao Deshmukh, Ramabai wd/o Shankarrao Deshmukh
Faizan Khan s/o Rafique Khan, M/s Logistics Pvt. Ltd., Reliance General Insurance Co. Ltd.
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Nature of Litigation
First appeal against dismissal of motor accident claim petition by Motor Accident Claims Tribunal.
Remedy Sought
Appellants sought setting aside of Tribunal's order and award of compensation of Rs.40,00,000/- with interest.
Filing Reason
The Tribunal dismissed the claim petition on the ground that claimants failed to prove negligence attributable to the driver of either vehicle, despite finding composite negligence.
Previous Decisions
The Motor Accident Claims Tribunal dismissed the claim petition on 09.12.2016 in M.A.C.P. No. 24/2013.
Issues
Whether the Tribunal erred in dismissing the claim petition on the ground that the claimants failed to prove negligence attributable to the driver of either vehicle, despite finding composite negligence.
Submissions/Arguments
Appellants argued that the Tribunal's finding was contradictory and erroneous; once composite negligence is found, claimants are entitled to recover from any joint tortfeasor.
Ratio Decidendi
In a case of composite negligence, the claimants are entitled to recover compensation from any joint tortfeasor, and the Tribunal cannot dismiss the claim on the ground that negligence is not proved against a specific driver when composite negligence is established.
Judgment Excerpts
By this appeal, the appellants-claimants have challenged the judgment and order dated 09.12.2016 passed by the Motor Accident Claims Tribunal (Tribunal) in M.A.C.P. No. 24/2013, whereby the Tribunal has dismissed the claim petition of the appellants-claimants.
The Tribunal has considered the evidence and material on record and it has rendered a finding that this was a case of composite negligence, yet it has gone on to hold that the claimants failed to prove that negligence was attributable to the driver of either of the vehicles involved in the accident.
In the light of the above, the impugned judgment and order dated 09.12.2016 passed by the Motor Accident Claims Tribunal in M.A.C.P. No. 24/2013 is set aside. The matter is remitted back to the Tribunal for determination of quantum of compensation.
Procedural History
The appellants filed a claim petition (M.A.C.P. No. 24/2013) before the Motor Accident Claims Tribunal seeking compensation for the death of the wife of appellant no.1. The Tribunal dismissed the petition on 09.12.2016. The appellants then filed the present first appeal before the High Court of Bombay at Nagpur Bench.
Acts & Sections
- Motor Vehicles Act, 1988: 166, 168
- Indian Penal Code, 1860: 304-A, 279, 337, 427
