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2022 Supreme(Cal) 323
IN THE HIGH COURT OF CALCUTTA
Bibhas Ranjan De, J.
Debojyoti Datta And Others - Appellant
Versus
Oriental Insurance Company Ltd. And Others - Respondent
F.M.A 279 of 2009 with FMAT 618 of 2008
Decided On : 15-09-2022
Mr. Ashique Mondal, Advocate, for the Appellant; Mr. Arup Kumar Bag, Advocate, Mr. Afroze Alam, Advocate, Mr. Arup Kumar Bag, Advocate, Mr. Sanjoy Paul, for the Respondent
The main legal point established is the determination of liability and apportionment of compensation in motor vehicle accidents under Section 166 of the Motor Vehicles Act.
Headnote:
Motor Vehicles Act - Compensation - Section 166 - Smt. Sarla Verma and other vs. Delhi Transport Corporation & another (2009) 6 SCC 121, National Insurance Company Ltd. Vs. Pranay Sethy and others (2017) 16 SCC 680
Fact of the Case:
The appeal was filed against the judgment allowing compensation for an accident involving three vehicles. The appellant sought enhancement of the awarded amount. The accident occurred due to the negligent act of the truck driver, resulting in a collision with two other vehicles, leading to the death of the claimant's husband.
Finding of the Court:
The court found the insurer of the truck solely responsible for the accident and directed the National Insurance Company to deposit the entire compensation amount, considering the evidence and police reports.
Issues: The main issue was the apportionment of compensation between the insurance companies involved in the accident.
Ratio Decidendi: The court relied on the evidence, including police reports, to determine the negligent party and held the insurer of the truck liable for the entire compensation amount.
Final Decision: The court disposed of the appeals, directing the National Insurance Company to deposit the compensation amount and the claimant to receive the balance amount after payment of court fees.
JUDGMENT
Bibhas Ranjan De, J. - Re . FMA No. 279 of 2009
1. This appeal has been preferred against judgment passed in MJC No. 284 of 2005 passed by Ld. Judge, 10th Bench, City Civil Court at Calcutta allowing the award to the tune of Rs. 10,000,00/- and direction for apportionment for compensation between the respondent no.1 Oriental Insurance Company and respondent no. 2 National Insurance Company.
2. By this appeal claimant/appellant prayed for enhancement of the awarded amount.
3. On 21.05.2005 at about 00.00 hours one truck, bearing Reg. No. WB-25-9952, was plying through National Highway No. 34 with a very high speed and in rush and negligent manner and all of a sudden pushed its break and stopped the vehicle. At that time, one Qualis Car, bearing Reg. No. WB-02T4430, plying on the same road following the truck, dashed the truck. At the same time, one Bolero Car bearing Reg. No. WB-60-9313 coming with high speed following that Qualish Car, could not control its speed and smashed the said Qualish Car, where husband (since deceased) of the claimants No. 1was travelling from Siliguri to Calcutta along with others. The said accident took place within the jurisdiction of Police Station, Karamdighi where a Police Case No. 79/2005 dated 21.05.2005 was started.
4. Accordingly, claimant prayed for compensation to the tune of Rs. 27,00,000/- from the National Insurance Company who insured the truck bearing Reg. No. WB-25-9952 as well as Oriental Insurance Company insurer of Bolero vehicle bearing Reg. No. WB-60-9313. The National Insurance Company and Oriental Insurance Company contested the case by filling their respective written statement denying all material allegations made in the claim application.
5. Ld. Tribunal framed issues and took up the claim petition for trial. Three witnesses were examined in this case and several documents were admitted in evidence.
6. Ld. Tribunal after considering all the facts and circumstances, including the evidence recorded thereon came to his findings that claimant was entitled to the tune of Rs. 10,00,000/-and both the Insurance Company i.e. National Insurance Company and Oriental Insurance Company Ltd. were held equally responsible to clear up the compensation amount by issuing cheques in the name of claimants.
Re. FMAT NO.618 of 2008
7. This is an appeal filed on behalf of the Oriental Insurance Company Limited, challenging the judgment and order dated 05.03.2008 passed by Learned Judge, 10th Bench, City Civil Court at Calcutta in M.J.C No. 284 of 2005, under Section 166 of the Motor Vehicles Act, whereby a direction for apportionment of compensation between the appellant (Oriental Insurance Company Ltd.) and respondent no. 4 (National Insurance Company Ltd.) was given.
8. In fact, main ground of the appeal is that the order for apportionment of compensation between Oriental Insurance Company Ltd. and National Insurance Company Ltd., was bad in law as the accident took place only due to negligent act on the part of the driver of truck.
Decision:-
9. Ld. Advocate appearing on behalf of the Oriental Insurance Company, concentrated his argument only in terms of the manner of accident alleged to have been taken place on 21.05.2005 at about 00.00 hours. Ld. Advocate has tried to make this Court understand that entire accident took place involving three vehicles only due to sudden break of the truck running with high speed that too on the National Highway No. 34. Therefore, according to Ld. Advocate insurer of that truck i.e. National Insurance Company is only responsible for the entire claim amount.
10. Ld. Counsel, appearing on behalf of the claimant only argued on the issue of enhancement of compensation. In support of his contention, he relied on the case of Smt. Sarla Verma and other vs. Delhi Transport Corporation & another (2009) 6 SCC 121 on the point of deduction from gross salary and the case o
