Insurance Company failed to examine the officers of RTO to substantiate their claim: Court holds Insurance Company liable for Motor Vehicle accident:- High Court of Judicature at Bombay
Case Title:- The New India Assurance Co. Ltd. Versus Smt.Mangal Ravindra Divate
Case No:- FIRST APPEAL NO. 939 OF 2023 WITH CROSS OBJECTION (ST) NO.28149 OF 2022
Decided on:-12th March 2024
Quorum : SHIVKUMAR DIGE, J.
Facts of the case:-
The claimant, on January 12, 2006, at 7:30 p.m., the departed Ravindra was traveling from Shikrapur to Sanaswadi over the Nagar-Pune route in his Maruti Car with the MH-12/W-6115 bearing. Upon approaching the Enkei Co. Ltd. Bye-pass in Shikarapur, he noticed a single trailer vehicle with the number HR-38/7174 heading in the direction of Pune. The aforementioned trailer lacked brake and parking lights. The operator of the aforementioned trailer was operating the offending trailer carelessly and rashly when he abruptly halted it in the middle of the road. The dead crashed the trailer from its rear and suffered many injuries since it lacked brake lights and indicators. During medical care, the deceased passed away from their wounds. The driver of the offending trailer was charged with the offense. Police records have been used by the claimants to demonstrate the offending trailer driver’s negligence. The offending driver has not been examined by the insurance company.
Appellants Contentions:-
Contention of the learned counsel for the Appellant-Insurance Company that, accident occurred due to sole negligence of the deceased as, deceased gave dash to the offending vehicle from back side, but tribunal has considered 50% contributory negligence on the driver of the offending vehicle and 50% contributory negligence on the deceased, which is erroneous. The learned counsel further submitted that at the time of the accident, driver of the offending vehicle was not holding effective and valid driving licenses, but this fact is not considered by the tribunal. The learned counsel further submitted that, the tribunal has awarded amount under the non-pecuniary head is on higher side. Hence, requested to allow the Appeal.
Respondent Contentions:-
Contention of the learned counsel for the Respondent’s-Claimant’s that, the offending vehicle trailer truck was 70 feet long. The said trailer was not having parking light and break light and driver of said trailer suddenly stopped his trailer in the middle of the road. Since the trailer was not having brake lights or indicators the deceased dashed the trailer from its backside and sustained multiple injuries and he died. The learned counsel further submitted that, the Appellant-Insurance Company has not examined officer from RTO office to prove that driver of the offending truck was not holding effective and valid driving license. The learned counsel further submitted that, the tribunal has wrongly fixed 50% contributory negligence on the deceased which is erroneous as the accident occurred due to sole negligence of the driver of the offending vehicle. The learned counsel further submitted that the driver of the offending vehicle did not step into witness box, to prove the negligence of the deceased, but this fact is not considered by the tribunal. Hence requested to allow the cross objection and dismiss the appeal
Court Analysis and Judgement:-
The court said that the Appeal is partly allowed. The Cross-Objection is allowed. The Claimant’s are entitled for enhanced compensation amount of Rs.14,48,000/- @ 7.5% Interest per annum from the date of the filing of the claim petition till realization of the amount. The Respondent-Insurance Company shall deposit enhanced amount after deducting Rs.45,000/- from it, along with accrued interest thereon within eight weeks after receipt of the order. The Claimant’s are permitted to withdraw deposited amount along with accrued interest thereon. The statutory amount in first Appeal No.939 Of 2023 along with interest be transferred to the tribunal. Parties are at liberty to withdraw it, as per rules. The Claimants shall pay deficit court fees on enhanced amount. All pending civil and interim applications are disposed of.
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Judgement Analysis Written by – K.Immey Grace
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