Case Note & Summary
The case arises from a motor accident on 20.10.2000 when the deceased, Nilendrasingh alias Deepak Mansingh Kaplethiya, was travelling in a tempo bearing registration No. GJ-15-U-5552 from Kantwa to village Kadoli, Vantafaliya. The tempo was driven by the original opponent No.1/respondent No.5 at excessive speed in a rash and negligent manner, causing the driver to lose control and dash against a tree. The deceased sustained grievous injuries and succumbed. The claimants, being the legal heirs, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 before the Motor Accident Claims Tribunal (Aux.), Navsari in M.A.C.P. No. 165 of 2001. The Tribunal partly allowed the petition and awarded Rs.11,94,300/- with 6% interest per annum from the date of filing till realization. The appellant, New India Assurance Co. Ltd., challenged the award on the ground that the deceased was an unauthorized passenger in a goods vehicle and contributed to the accident. The court considered the issue of contributory negligence and held that the deceased, by travelling in a goods vehicle not meant for passengers, was guilty of contributory negligence. The court reduced the compensation by 50%, awarding Rs.5,97,150/- with 6% interest from the date of petition till realization. The appeal was partly allowed.
Headnote
A) Motor Accident Claims - Contributory Negligence - Unauthorized Passenger in Goods Vehicle - The deceased was travelling as a gratuitous passenger in a tempo, which is a goods vehicle, and thus was an unauthorized passenger. The court held that the deceased contributed to the accident by travelling in a vehicle not meant for passengers, and therefore contributory negligence was established. (Paras 5-7) B) Motor Accident Claims - Compensation - Reduction - The Tribunal awarded Rs.11,94,300/- with 6% interest. The High Court reduced the compensation by 50% due to contributory negligence, resulting in Rs.5,97,150/- with 6% interest from the date of petition till realization. (Paras 8-10)
Issue of Consideration
Whether the deceased was guilty of contributory negligence and whether the compensation awarded by the Tribunal was excessive.
Final Decision
The appeal is partly allowed. The impugned judgment and award is modified. The claimants are entitled to total compensation of Rs.5,97,150/- with interest at 6% per annum from the date of petition till realization. The insurance company is directed to deposit the amount within eight weeks.
Law Points
- Contributory negligence
- unauthorized passenger in goods vehicle
- Motor Vehicles Act
- 1988
- Section 166
- Section 147
- Section 149
- burden of proof
- negligence
- compensation
