IMPORTANT POINT
Negligence in motor vehicle accidents must be established for compensation claims; both drivers can be found equally negligent in cases of head-on collisions, leading to composite negligence determinations under the Motor Vehicles Act.

JUDGMENT

Jitendra Jain, J. - This first appeal is filed under Section 173 of the Motor Vehicles Act, 1988 (for short 'M. V Act') by one Mr. Rajesh S. Shejpal, who met with an accident and subsequently on his death, his legal heirs were brought on record. The present appeal challenges an order passed by the Motor Accident Claim Tribunal, Mumbai (for short 'Tribunal') dated 28th January 2005 in Application No.845 of 1998, whereby the Tribunal dismissed the Application on the ground that drivers of both the vehicles were not negligent and by applying process of elimination the accident occurred by act of God.

2. Brief facts are as under:-

(i) On 14th November 1997, at about 5:15 p.m., a Maruti Car bearing Registration No.MH-02-N-2364 was being driven by the original claimant - Rajesh Shantilal Sejpal. In the said car, there were three other occupants when the said car met with an accident in view of a dash with a bus owned by the Maharashtra State Road Transport Corporation bearing No.MH-12-8852. As a result of this accident, all the co-passengers of the said car including the original claimant who was driving the car suffered injuries. Separate Claim Petitions came to be filed by the four injured persons. Kamlesh Navinchandra Patel filed Application No.571 of 1998 which came to be decided on 14th September 2010 and he was awarded compensation of an amount of Rs. 2,93,800/- after holding it to be a case of composite negligence. The Insurance Company challenged the aforesaid Award by filing First Appeal No.795 of 2013, which came to be dismissed on 6th August 2013 with a finding that the negligence of the drivers of both the vehicles can be attributed to 50% each. Another co-passenger - Abhay Dattatray Deo filed Application No.572 of 1998 and on 15th September 2010, the Claims Tribunal allowed his claim granting compensation of Rs. 1,58,600/- treating it to be a case of composite negligence. This Award has attained finality. The third co-passenger - Hiten Nandlal Damani, who was injured filed Application No.574 of 1998. The Claims Tribunal on 15th September 2010 awarded compensation of Rs. 1,70,300/- treating it to be a case of composite negligence. This Award has also attained finality.

(ii) Insofar as the Original Appellant in the present case is concerned, he has been denied compensation by the Claims Tribunal by recording a finding that neither the car driver nor the bus driver were negligent and that the accident seem to have occurred due to 'act of God'. It is in these facts that we are considering this Appeal that was filed by the Original Appellant and is now being prosecuted by his legal heirs.

(iii) The Original Appellant was initially taken to Sion Hospital and, thereafter, shifted to PD. Hinduja Hospital for a period of almost 5^1/2 months. In 2000, again he was admitted for the injuries arising on account of the aforesaid accident. The hospital expenses have been reimbursed to the Original Appellant by his employer. However, even post discharge from Hinduja Hospital from 1998 till the date he passed away, he was bed ridden and had to be attended by a nurse and was on a special diet.

(iv) The Original Appellant made an application under Section 166 of the M.V Act seeking compensation of Rs. 1 Crore which was subsequently raised to Rs. 10 Crores. The Tribunal recorded the evidence of the Original Appellant, driver of the Maruti Car who also happened to be the friend of Original Appellant, driver of S.T. Bus, etc. and computed following compensation but did not grant the same since the Tribunal gave a finding that neither the driver of the car nor the driver of the S.T. Bus was negligent but the accident occurred on account of an act of God.

Sr.

Nature of claim

Amount

(i)

Towards dependency

Rs.29,79,232/-

(ii)

Future medical expenses and home attendant charges.

Rs.2,00,000/-

(iii)

Pain and suffering, loss of amenities and expectation of life.

Rs.1,00,000/-

Total

Rs.32,79,232/-

3. Being aggrieved by the aforesaid order of the T