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M. S. SONAK
United India Insurance Co. Ltd. – Appellant
Versus
Shashikala @ Vishranti Gokuldas Rane – Respondent
JUDGMENT
1. Heard learned Counsel for the parties.
2. In both these Appeals, the challenge is to the judgment and award dated 30th January 2019 in Claim Petition No.39/2013, by which the Motor Accident Claims Tribunal, Panaji sitting at Ponda, (Tribunal) determined the compensation payable to the Claimants, at ?10,15,000/-, but directed the insurer of the Tata tipper truck bearing registration No.GA-09-U-2738 to pay only 25% of this determined compensation amount. The Tribunal held that this was a case of composite negligence between the driver of the tipper truck and Shanker Rane, rider of the Honda Activa scooter on which the deceased Gokuldas Rane was riding pillion.
3. First Appeal No.67/2019 is instituted by the insurer of the Tata tipper truck urging that even 25% liability should not have been foisted upon the owner/driver/insurer of the Tata tipper truck. On the other hand, first Appeal No.83/2019 is instituted by the Claimants urging that 100% liability should have been imposed upon the owner/driver/insurer of the Tata tipper truck. Besides, both the Appeals have questioned the quantum of compensation. The Appellant-Insurance Company contends that excessive compensation has b
The main legal point established in the judgment is the application of principles related to negligence, composite negligence, and contributory negligence in motor accident claims, as well as the cal....
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 in the judgment is the distinction between contributory negligence and composite negligence in motor accident claims, emphasizing the right of legal representatives t....
When a person is in a permanent job, there is always an enhancement due to one reason or the other. To lay down as a thumb rule that there will be no addition after 50 years will be an unacceptable c....
Point of law: The term negligence means failure to exercise care towards others which a reasonable and prudent person would in a circumstance or taking action which such a reasonable person would not....
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