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2011 Supreme(SC) 903

G.S.SINGHVI, H.L.DATTU
Sridhar – Appellant
Versus
United India Insurance Co. Ltd. – Respondent


Advocates Appeared:
For the Appellant:Vivek Sharma, P. B. Suresh, M/S. Temple Law Firm, Advocates.
For the Respondents:K.L. Nandwani, Advocate.

Judgment :-

H.L. DATTU, J.

1. Leave granted.

2. This appeal is directed against the Judgment and Order passed by the High Court of Madras, Chennai in Civil Miscellaneous Appeal No. 1779 of 2002, wherein, the Court has allowed the appeal of the Insurance Company and reduced the compensation awarded by the Motor Accident Claims Tribunal, Chennai (for short, “the Tribunal”) from 1,60,000/- to `25,000/- under Section 140 of the Motor Vehicles Act, 1988 (hereinafter referred to as, “the Act”).

3. In the Claim Petition filed under Section 166 of the Act, the appellant has stated that on 14.01.1998, at about 7.10 PM, while he was riding the motor cycle along with a pillion rider, the vehicle met with an accident due to oil spill on the road and suffered grievous injuries. Since the vehicle is insured with the respondent-Insurance Company, he is entitled for compensation of `6,00,000/- (Rupees Six Lakhs) as general damages/compensation.

4. The Insurance Company has denied its liability. The Tribunal, while considering the claim of the appellant, has come to the conclusion that the accident did not take place due to rash and negligence driving of the claimant but due to oil spilling on the r




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