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IN THE HIGH COURT OF BOMBAY AT GOA
M.S.SONAK
Bajaj Allianz General Insurance Company Ltd., Through its Authorised Signatory, Mr Digvijay Dyaneshwar Parab – Appellant
Versus
Roseline Antonette Mendes, (widow of late Anthony Mendes) – Respondent
JUDGMENT :
M. S. SONAK, J
1. Heard the learned counsel for the parties.
2. The appellant Insurance Company challenges the judgment and award dated 15.05.2023 made by the Motor Accident Claims Tribunal, North Goa, at Panaji Goa, disposing of Claim Petition No.57/2016 by awarding the claimants i.e. respondent Nos.1 to 4 the total compensation of Rs.34,29,000/- along with simple interest at the rate of 6% per annum from the date of filing of the petition till full and final payment.
3. Mr Kakodkar submits that the finding regards negligence on the part of the bus driver i.e. first respondent suffers from perversity. He submitted that the bus driver had already turned at the circle and was about to access the side road. At this stage, the deceased, who was riding the Activa scooter in a rash and negligent manner collided with the bus thereby suffering fatal injury. He submitted that in such circumstances, the bus driver could not be said to have acted rashly and negligently. Mr Kakodkar submitted that in any event, this was a fit case for holding the bus driver and the deceased equally contributing to the accident and that this was a case of contributory negligence.
The court affirmed that a bus driver's heightened duty of care due to vehicle size established negligence, and clarified compensation calculations while remanding for insurance liability concerning l....
In accident cases, liability should reflect the respective negligence of parties, with proper income assessment inclusive of future prospects and non-pecuniary damages being essential for fair compen....
The main legal point established in the judgment is the determination of negligence in a motor accident claim and the calculation of just compensation based on the evidence and legal principles.
The court determined that the deceased was not contributorily negligent and adjusted compensation based on accurate assessment of income and age, affirming the need for proper evidence in negligence ....
Contributory negligence must be established through evidence of an overt act; mere alcohol consumption does not suffice to prove negligence in the context of a motor vehicle accident.
The appellate court must ensure just compensation is awarded, overriding findings of contributory negligence unless clearly evidenced otherwise, affirming courts' obligation to award fair compensatio....
Insurance company not liable for compensation due to absence of valid permits as per statutory requirements.
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