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2013 Supreme(Mad) 2428
HIGH COURT OF JUDICATURE AT MADRAS
C.S. KARNAN, J.
United India Insurance Co. Ltd.
Versus
John Monohar & Another
C.M.A. No. 2630 of 2009 & M.P. No. 1 of 2009 & Cross Objection No. 23 of 2010
Decided on: 16-07-2013
For the Appellant:J. Chandran, Advocate.
For the Respondents:R1, V. Balasubramanian, Advocate, R2, Not Ready Notice.
The judgment establishes the principle that failure to take legal action against alleged colluders may indicate negligence and liability, and reassessment of compensation may be based on various factors including medical expenses, disability, and loss of earning.
Headnote:
Motorcycle Accident - Motor Vehicles Act - Section 170 - Compensation, Negligence, Liability - Medical Expenses, Disability, Pain and Suffering, Loss of Earning - Interest Rate Modification
Fact of the Case:
The appellant was involved in a motorcycle accident with the respondent's bus, resulting in injuries and death. The claimant filed for compensation, which was contested by the Insurance Company. The Tribunal framed issues regarding liability and compensation, and awarded a sum of Rs.3,58,633/- as compensation with interest at 9.5% per annum.
Finding of the Court:
The Court found that the Insurance Company failed to prove collusion and fraudulent activities, and upheld the negligence and liability of the bus driver. It reassessed the compensation to Rs.4,45,725/- and modified the interest rate to 7.5% per annum.
Issues: Liability for the accident, entitlement to compensation, quantum of compensation
Ratio Decidendi: The Court held that the Insurance Company's failure to take separate legal action against alleged colluders indicated the negligence and liability of the bus. It reassessed the compensation based on medical expenses, disability, pain and suffering, and loss of earning.
Final Decision: The appeal by the Insurance Company was dismissed, and the Cross Objection by the claimant was partly allowed. The award and decree were modified, and the Insurance Company was directed to deposit the revised compensation with interest.
1. On 09.06.2004, at about 4.00 p.m., when the appellant / claimant was proceeding on his motorcycle bearing Registration No.TN-07-AA-1819 on the Kelambakkam Main Road, the 1st respondent's bus bearing Registration No.TN01-N-0389, driven by its driver in a reckless manner, dashed against the motorcyclist. As a result, the pillion rider of the motorcycle sustained grievous injuries and died. The rider of the motorcycle had sustained grievous injuries. Hence, the claimant has filed the claim petition against the owner and insurer of the bus and claimed compensation of a sum of Rs.10,00,000/-with interest.
2. The respondent / Insurance Company had filed counter statement and resisted the claim petition. The respondent stated that the 1st respondent and the claimant had colluded with each other and claimed compensation against the Insurance Company, which is a fake claim. Initially the F.I.R. had been registered by the Investigation Officer and the same has not been proceeded with against the driver of the bus and the prosecution themselves have withdrawn the said F.I.R. The averments in the claim regarding age, income and occupation of the claimant was not admitted. The 1st respondent has filed a counter statement and stated that the rider of the motorcycle had committed the said accident through his negligent manner of riding. Further, the averments in the claim regarding nature of injuries and medical expenses was also not admitted.
3. On considering the averments of the parties, the Tribunal had framed three issues namely: (1) Whether the driver of the 1st respondent is responsible for the accident? (2) Whether the respondents are liable to pay compensation to the claimant? and (3) What is the quantum of compensation that the petitioner is entitled to get?
4. On the side of the claimant, two witnesses have been examined and 11 documents have been marked namely, Discharge summary, Doctor fees particulars, Medical bills, Transport expenditure bills, Lab reports, Photo, F.I.R. and X.ray. On the side of the respondents, the Investigator and Sub-Inspector have been examined and two documents were marked namely, Investigation report and Preliminary report. The Insurance Company has filed supplementary application under Section 170 of Motor Vehicles Act and defended the case on behalf of the owner of the bus.
5. PW1 / claimant had adduced evidence that on 09.06.2004, at about 4.00 p.m., when he was proceeding on his motorcycle bearing Registration No.TN-07-AA-1819 along with a pillion rider on the Kelambakkam Main Road, the 1st respondent's bus bearing Registration No.TN-01-N-0389, driven by its driver in a rash and negligent manner, on the same direction, dashed behind the motorcycle. PW1 further stated that the pillion rider sustained grievous injuries and expired and that he had sustained grievous injuries. PW1 deposed that he had been immediately admitted at Malar Hospital, wherein skin grafting was done and he had been hospitalised for about 17 days, as an inpatient. PW1 further stated that he had also took Physiotherapy treatment. The case has been registered by the Kelambakkam Traffic Investigation police against the driver of the bus. In support of his evidence, he had marked the above mentioned documents as Exhibits. PW2 Doctor had adduced evidence that the claimant had sustained 50% disability due to the said accident and he spoke on the same lines of PW1 regarding nature of injuries.
6. RW1, had adduced evidence that he has been appointed as investigator by the Insurance Company and he had conducted enquiry on the said accident. He further stated that the Kelambakkam Traffic Investigation police had registered a case in Crime No.233 of 2004 and subsequently, the criminal case has been dropped. RW2, the Sub-Inspector of Police, attached to the Traffic Investigation Wing, Kelambakkam had adduced evidence that the claimant was the rider of the motorcycle and one Kokila was the pillion rider of the motorcycle and that
