Case Note & Summary
The appeal was filed by the United India Insurance Company Limited under Section 173(1) of the Motor Vehicles Act, 1988, against the judgment and award dated 10.09.2008 passed by the III Additional Judge and Member, MACT, Bangalore (SCCH-18) in MVC No.4378/2006. The Tribunal had awarded a compensation of Rs.2,00,000 with interest at 6% p.a. from the date of petition till realization to the claimant, Kumari Shilpa, a minor represented by her father. The accident occurred on 19.01.2006 at about 4.30 p.m. near KEB Circle, Hoskote Circle, when a Maxi Cab bearing Registration No.KA.03.6139, driven in a rash and negligent manner, dashed against the petitioner who was standing at a KSRTC bus stop. A criminal case was registered in Crime No.41/2006 by Hoskote Police against the driver. The petitioner sustained injuries, permanent disability, and incurred treatment expenses. The insurance company appealed, contending that the driver was not negligent. The High Court, after hearing the parties, found no merit in the appeal. The court noted that the criminal case against the driver and the Tribunal's finding of negligence were sufficient to establish liability. The court dismissed the appeal, confirming the award of compensation and interest.
Headnote
A) Motor Accident Claims - Negligence - Liability of Insurer - The appellant-insurance company challenged the award of compensation on the ground that the driver of the maxi cab was not negligent. However, the criminal case registered against the driver and the Tribunal's finding of negligence were upheld. The court held that the insurance company is liable to pay compensation as the negligence of the driver was established. (Paras 4-6) B) Motor Accident Claims - Compensation - Permanent Disability - The claimant, a minor girl, sustained injuries and permanent disability due to the accident. The Tribunal awarded Rs.2,00,000 as compensation. The High Court found no grounds to interfere with the quantum of compensation. (Paras 4-6) C) Motor Accident Claims - Interest Rate - The Tribunal awarded interest at 6% p.a. from the date of petition till realization. The High Court upheld this rate as reasonable. (Para 1)
Issue of Consideration
Whether the judgment and award of the Tribunal granting compensation of Rs.2,00,000 with interest at 6% p.a. to the claimant is liable to be set aside on the grounds raised by the appellant-insurance company.
Final Decision
Appeal dismissed. The judgment and award dated 10.09.2008 passed in MVC No.4378/2006 by the III Additional Judge and Member, MACT, Bangalore (SCCH-18) is confirmed.
Law Points
- Liability of insurer in motor accident claims
- Negligence established by criminal case
- Compensation for permanent disability
- Interest rate on compensation
