Case Note & Summary
The case arises from a motor accident claim filed by the legal heirs of Ashokbhai, who died when a truck reversed and hit him while he was sleeping on his farm. The claimants sought Rs.10,00,000 compensation. The Motor Accident Claims Tribunal partly allowed the claim, awarding Rs.7,44,000 with 9% interest. The insurance company appealed, arguing contributory negligence. The High Court found that the deceased was negligent in sleeping on the farm where the truck was reversing, and assessed his contributory negligence at 30%. The compensation was reduced to Rs.5,20,800, with interest at 9% per annum from the date of the claim petition till realization. The appeal was partly allowed.
Headnote
A) Motor Accident Claims - Contributory Negligence - Deceased sleeping on farm - The deceased was sleeping on his farm when a truck reversed and hit him. The court held that the deceased was negligent in sleeping on the farm where vehicular movement was anticipated, and assessed his contributory negligence at 30%. The compensation was reduced accordingly. (Paras 4-6)
B) Motor Accident Claims - Compensation - Quantum - The Tribunal awarded Rs.7,44,000 with 9% interest. The High Court reduced the compensation by 30% due to contributory negligence, resulting in Rs.5,20,800. (Paras 5-7)
Issue of Consideration
Whether the deceased was guilty of contributory negligence and to what extent, and whether the compensation awarded by the Tribunal was just and proper.
Final Decision
The appeal is partly allowed. The judgment and award of the Tribunal is modified. The claimants are entitled to total compensation of Rs.5,20,800 with interest at 9% per annum from the date of filing of the claim petition till its realization. The insurance company is directed to deposit the amount within eight weeks.
Law Points
- Contributory negligence
- Motor accident compensation
- Negligence assessment
- Sleeping on farm as contributory negligence
- Reduction of compensation
Case Details
R/FIRST APPEAL NO. 1615 of 2019
MS KIRTI S PATHAK, MR MAKBUL I MANSURI, MR V B MALIK
IFFCO TOKIO GENERAL INS CO LTD
SUSHILABEN DABHAIBHAI BARIA & ORS.
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Nature of Litigation
First appeal against judgment and award of Motor Accident Claims Tribunal in a claim petition for compensation for death in a motor accident.
Remedy Sought
The appellant insurance company sought reduction of compensation on the ground of contributory negligence of the deceased.
Filing Reason
The insurance company appealed against the award of Rs.7,44,000 by the Tribunal, arguing that the deceased was guilty of contributory negligence.
Previous Decisions
The Motor Accident Claims Tribunal (Aux), Panchmahals at Godhra partly allowed the claim petition and awarded Rs.7,44,000 with 9% interest per annum.
Issues
Whether the deceased was guilty of contributory negligence?
What is the extent of contributory negligence?
Whether the compensation awarded is just and proper?
Submissions/Arguments
Appellant argued that the deceased was sleeping on the farm and thus contributed to the accident.
Respondents argued that the driver was solely negligent for reversing the truck.
Ratio Decidendi
A person sleeping on a farm where vehicular movement is anticipated is guilty of contributory negligence. The extent of contributory negligence is assessed at 30%.
Judgment Excerpts
The deceased was sleeping at his farm, in the meantime the opponent No.1/respondent No.4-herein the driver of the truck came in reverse gear and hit the said Ashokbhai and dragged up to a long distance.
The deceased was negligent in sleeping on the farm where the truck was reversing. Hence, contributory negligence of the deceased is assessed at 30%.
Procedural History
The claim petition was filed before the Motor Accident Claims Tribunal (Aux), Panchmahals at Godhra, which partly allowed it on 02.11.2018. The insurance company filed the present first appeal before the High Court of Gujarat.
Acts & Sections
- Motor Vehicles Act, 1988:
