Case Note & Summary
The appellant, United India Insurance Co. Ltd., filed an appeal under Section 173(1) of the Motor Vehicles Act, 1988, challenging the judgment and award dated 16.11.2012 passed by the I Addl. Senior Civil Judge and Addl. MACT, Gokak, in MVC No.2217/2009. The Tribunal had awarded compensation of Rs.2,62,720/- with interest at 6% p.a. to the respondents-claimants, who are the parents of the deceased Yellappa Mallappa Belliveri. The claimants had filed a petition under Section 166 of the Motor Vehicles Act claiming Rs.8,00,000/- for the death of their son in a road accident that occurred on 07.06.1991. The deceased was traveling as a pedestrian when he was hit by a truck bearing registration No.MEI 4042, owned by respondent No.3 and insured with the appellant. The Tribunal held that the accident occurred due to the rash and negligent driving of the truck driver and awarded compensation. The Insurance Company appealed, contending that the deceased himself was negligent and contributed to the accident, and that the Tribunal erred in holding the insurer liable. The court heard arguments from both sides. The court noted that the burden to prove contributory negligence lies on the party alleging it, and the Insurance Company failed to adduce any evidence to show that the deceased was negligent. The court upheld the Tribunal's finding that the truck driver was negligent. The court also held that the deceased was a third party and there was no breach of policy conditions, thus the Insurance Company is liable to indemnify the owner. The court found no grounds to interfere with the quantum of compensation. Consequently, the appeal was dismissed and the judgment and award of the Tribunal were confirmed.
Headnote
A) Motor Vehicles Act - Negligence - Contributory Negligence - Section 166, Motor Vehicles Act, 1988 - The claimants sought compensation for the death of their son in a road accident involving a truck. The Insurance Company contended that the deceased was negligent and contributed to the accident. 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 negligence against the truck driver was correct. (Paras 4-8) B) Motor Vehicles Act - Insurance Liability - Third Party - Section 166, Motor Vehicles Act, 1988 - The deceased was a pedestrian hit by a truck. The court held that the deceased was a third party and the Insurance Company is liable to indemnify the owner. No breach of policy conditions was established. (Paras 4-8) C) Motor Vehicles Act - Compensation - Quantum - Section 166, Motor Vehicles Act, 1988 - The Tribunal awarded Rs.2,62,720/- with interest at 6% p.a. The court found no grounds to interfere with the quantum as it was based on proper assessment of income and multiplier. (Para 9)
Issue of Consideration
Whether the Tribunal erred in holding the appellant-Insurance Company liable to pay compensation when the accident was alleged to have occurred due to the negligence of the deceased himself?
Final Decision
Appeal dismissed. The judgment and award dated 16.11.2012 passed by the I Addl. Senior Civil Judge and Addl. MACT, Gokak, in MVC No.2217/2009 is confirmed.
Law Points
- Motor Vehicles Act
- 1988
- Section 166
- Section 173(1)
- Negligence
- Contributory Negligence
- Third Party
- Insurance Liability
- Burden of Proof
