Case Note & Summary
The case arises from a motor accident claim petition filed by the parents of the deceased, Yellappa Mallappa Belliveri, who died in a road accident on 07.06.1991. The claimants sought compensation of Rs.8,00,000/- under Section 166 of the Motor Vehicles Act, 1988, alleging that the accident occurred due to the rash and negligent driving of a truck (No. MEI 4042) owned by respondent No.3 and insured by the appellant-Insurance Company. The Tribunal awarded Rs.2,62,720/- with interest at 6% per annum. The Insurance Company appealed under Section 173(1) of the Act, primarily contending that the deceased himself was negligent and contributed to the accident. The court heard arguments from both sides. The court noted that the Insurance Company failed to produce any evidence to prove contributory negligence. The Tribunal had relied on the evidence of the claimants and the police records to hold the truck driver negligent. The court upheld the Tribunal's finding, stating that the deceased was a third party and the insurer is liable to indemnify the owner. The appeal was dismissed, and the award was confirmed. The court found no merit in the appeal and no grounds to interfere with the impugned judgment.
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 insurer, and in the absence of evidence, the Tribunal's finding of negligence against the truck driver was correct. (Paras 4-6) B) Motor Vehicles Act - Insurance - 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 terms was established. (Paras 4-6) C) Motor Vehicles Act - Appeal - Section 173(1), Motor Vehicles Act, 1988 - The Insurance Company appealed against the award. The court dismissed the appeal, finding no grounds to interfere with the Tribunal's well-reasoned judgment. (Para 7)
Issue of Consideration
Whether the Tribunal erred in holding the appellant-Insurance Company liable to pay compensation when the accident was allegedly caused due to the negligence of the deceased himself?
Final Decision
The appeal is dismissed. The judgment and award dated 16.11.2012 passed in MVC No.2217/2009 by the I Addl. Senior Civil Judge and Addl. MACT, Gokak, is confirmed. No order as to costs.
Law Points
- Motor Vehicles Act
- 1988
- Section 166
- Section 173(1)
- Negligence
- Contributory Negligence
- Third Party
- Insurance Liability
- Burden of Proof
