SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Article Pause Article
judgment-img

2011 Supreme(SC) 1177

SUPREME COURT OF INDIA
H.L. Dattu, G.S. Singhvi, JJ.
Raviraj Udupa - Appellant
Vs.
United India Insurance Company Ltd. & Ors. - Respondents
Civil Appeal Nos. 7074-7075 of 2011 (Arising out of SLP (C) Nos. 27477-27478 of 2010)
Decided On : 16-08-2011

Headnote:

Motor Vehicles Act – Section 166 – Injuries – Claims of compensation – Accident claim – Tribunal taking into consideration nature of injuries sustained loss of future income on account of disability and other factors had assessed total compensation with interest from date of petition till realization – Held, Vehicle was insured with United India Insurance Company Ltd which did not seriously dispute nature of injuries sustained by claimant in accident - He had sustained fracture of condoler of the right femur fracture of right lateral and tibial condyle and proximal of right fibula - Tribunal taking into consideration nature of injuries sustained loss of future income on account of disability and other factors had assessed total compensation with interest from the date of petition till realization - Insurance Company being aggrieved by order of Tribunal had preferred an appeal before High Court - Claimant had also filed cross objection for enhancement of compensation awarded by Tribunal - High Court by impugned judgment and order has reduced compensation to with interest from date of petition till its realization - While doing so to say leas High Court has not stated any reasons whatsoever - It has mechanically juggled with arithmetical calculation made by Tribunal while modifying a well considered and reasoned order passed by Tribunal - High Court while tinkering with conclusion reached by Tribunal should have assigned reasons in support of its conclusion - It is time and again that reasons are links between materials on which certain conclusions are based and actual conclusions - They disclose how mind is applied to subject matter for decision and reveal rational nexus between facts considered and conclusions reached and thereby excludes chances to reach arbitrary whimsical or capricious decision or conclusion – Court cannot agree with conclusion reached by High Court which does not have supporting reasons – Court have carefully considered findings and conclusions reached by Tribunal while assessing entitlement of claimant for compensation for injury sustained - Appeal allowed

ORDER :

H.L. Dattu, J.

Leave granted.

2. Heard learned Counsel for the parties to the lis and perused the record.

3. This appeal is directed against the judgment and order passed by the High Court of Karnataka in MFA No. 7617 of 2003 and MFA Crob. No. 218 of 2004, whereby the High Court has reduced the compensation awarded by Motor Accident Claims Tribunal (in short, "Tribunal"), passed in MVC No. 329 of 2003 and the cross objection of the claimant for enhancement of compensation is dismissed.

4. The Appellant/claimant had filed the petition u/s 166 of Motor Vehicles Act claiming compensation of Rs. 20,00,000/- with interest in view of the injuries sustained by him in a road accident. The claimant was a private contractor and he was aged about 32 years on the date of the accident and his monthly income was stated to be Rs. 12000/-. The vehicle was insured with M/s United India Insurance Company Ltd. (in short, "Insurance Company"), which did not seriously dispute the nature of injuries sustained by the claimant in the accident. He had sustained the fracture of condylar of the right femur, fracture of the right lateral and tibial condyle and proximal 1/3 of right fibula. The Tribunal, taking into consideration the nature of injuries sustained, the loss of future income on account of disability and other factors, had assessed the total compensation of Rs. 4,06,400/- (Rupees Four Lakhs Six Thousand Four Hundred only) with interest at 8% p.a. on Rs. 3,98,400/- from the date of petition till realization.

5. The Insurance Company, being aggrieved by the order of the Tribunal, had preferred an appeal before the High Court. The claimant had also filed cross objection for enhancement of compensation awarded by the Tribunal.

6. The High Court, by the impugned judgment and order, has reduced the compensation to Rs. 2,82,600/- (Rupees Two Lakhs Eighty Two Thousand Six Hundred only) with interest at 6% p.a. from the date of petition till its realization. While doing so, to say the least, the High Court has not stated any reasons whatsoever. It has mechanically juggled with the arithmetical calculation made by the Tribunal while modifying a well considered and reasoned order passed by the Tribunal. In our view, the High Court, while tinkering with the conclusion reached by the Tribunal, should have assigned reasons in support of its conclusion. It is time and again said that the reasons are the links between the materials on which certain conclusions are based and the actual conclusions. They disclose how the mind is applied to the subject matter for a decision and reveal a rational nexus between the facts considered and conclusions reached and thereby, excludes the chances to reach arbitrary, whimsical or capricious decision or conclusion. Therefore, we cannot agree with the conclusion reached by the High Court, which does not have supporting reasons.

7. We have carefully considered the findings and the conclusions reached by the Tribunal while assessing the entitlement of the claimant for compensation for the injury sustained by him. In our considered view, we do not find any legal infirmity with the order passed by the Tribunal. Therefore, while reversing the judgment and order passed by the High Court in MFA No. 7617 of 2003, we restore the judgment and award passed by the Tribunal dated 29.08.2003.

8. Accordingly, this appeal is allowed. Costs are made easy.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
whatsapp-icon Back to top