Back
M. S. SONAK
National Insurance Company Ltd. – Appellant
Versus
Tulshidas L. Kerkar – Respondent
JUDGMENT
1. Heard learned Counsel for the parties.
2. The Appellant - Insurance Company, the insurer of Tata tipper truck bearing registration no.GA-04-T-1769 challenges the judgment and award dated 30.10.2015 in Claim Petition No.56/2011 made by the Motor Accident Claims Tribunal, North Goa, Mapusa (Tribunal).
3. By the impugned award, the truck driver, the truck owner and the Appellant-Insurance Company have been directed to pay additional compensation of ?31,83,000/- along with interest at the rate of 9% per annum from the date of the claim petition to the claimants on account of the death of Kalpana Tulshidas Kerkar in a vehicular accident that occurred on 14.02.2011. Kalpana was travelling in a minibus bearing registration no.GA-01-U-2603. There was a head-on collision between the minibus and the tipper truck. The accident, among other things, resulted in the death of Kalpana Kerkar and the bus driver Doulat Rane.
4. Mr Kakodkar, learned Counsel for the Appellant, submits that the evidence on record overwhelmingly points to the negligence of Doulat Rane, the bus driver. He submits that even FIR was filed against said Rane, but no criminal prosecution could be launched because of h
The Tribunal's finding of rashness and negligence on the part of the Tata tipper truck driver did not warrant interference. The compensation amount was modified based on the law laid down in National....
The main legal point established is the application of the principle of res ipsa loquitur, the duty of care expected from drivers, and the standard of proof in accident claim cases.
The main legal point established in the judgment is the concept of contributory negligence in a motor vehicle accident, where the court determined the proportions of liability for the accident and ad....
The judgment establishes the principle of joint and several liability in cases of composite negligence, and clarifies the inapplicability of compassionate appointment benefits in compensation claims.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
