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SUDHANSHU DHULIA, K. VINOD CHANDRAN
Srikrishna Kanta Singh – Appellant
Versus
Oriental Insurance Company Ltd. – Respondent
JUDGMENT :
K. VINOD CHANDRAN, J.
Leave granted.
2. A young Block Development Officer1[“B.D.O.”], riding pillion, met with an accident leading to amputation of both his legs. The injured/claimant filed an application for compensation under Section 166 of the Motor Vehicle Act, 1988. The claimant sought for compensation of Rs. 16,00,000/- (Rupees Sixteen Lacs only) under various heads. The Tribunal found that the claimant is entitled to a sum of Rs. 7,50,000/- (Rupees Seven Lacs Fifty Thousand only) and directed the insurer of the offending vehicle to pay an amount of Rs. 4,50,000/- (Rupees Four Lacs Fifty Thousand only), holding that the driver of the scooter in which the appellant was travelling pillion should have been more cautious. The balance liability of Rs. 3,00,000/- (Rupees Three Lacs only) was directed to be paid by the owner of the scooter who was also driving the sooter. The insurance company was directed to pay the entire amount and recover the liability of the owner of the scooter, from him.
3. An appeal was unsuccessfully filed from the order of the Tribunal which is impugned in the above appeal. On the question of contributory negligence, the High Court directed a sketch
(1) Motor accident claim – In a motor accident claim, there is no adversarial litigation and it is preponderance of probabilities which reign supreme in adjudication of tortious liability flowing fro....
The court emphasized the principle of just and fair compensation under the Motor Vehicles Act, rejecting inadequate assessments and self-negligence deductions in injury claims.
Court modified the Tribunal's finding on contributory negligence, attributing 100% liability to the motorcyclist and enhancing the total compensation awarded to the claimant.
A claimant can seek compensation under alternative provisions of the Motor Vehicles Act even if negligence is not proved.
The main legal point established in the judgment is the calculation of fair and just compensation under Section 166 of the MV Act, taking into account contributory negligence and entitlement to claim....
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