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2019 Supreme(All) 2813
IN THE HIGH COURT OF ALLAHABAD
Arvind Kumar Mishra-I, J.
National Insurance Co. Ltd. - Appellants
Vs.
Kamlawati and Ors. - Respondent
First Appeal from Order No. 1579 of 2016
Decided On : 06-12-2019
For the Appellant : Sushil Kumar Mehrotra
For the Respondents: Chandra Bhushan Prasad, Lokesh Kumar and Rajat Agarwal
The main legal point established in the judgment is that the assessment of compensation in motor accident cases should consider the circumstances of the accident and the contributions of the involved parties.
Headnote:
Motor Accident - Compensation - Motor Vehicles Act, Section 161 - The court discussed the facts of the accident, contributory negligence, validity of driving license, insurance coverage, and quantum of compensation. The court found that the accident was caused by the bus hitting the motorcycle, and the deceased did not contribute to the accident. The tribunal's assessment of compensation was deemed reasonable and confirmed by the court.
Fact of the Case:
The case involved a motor accident resulting in the death of Virendra Kumar. The claimants sought compensation from the insurer of the motorcycle involved in the accident.
Finding of the Court:
The court found that the accident was caused by the bus hitting the motorcycle, and the deceased did not contribute to the accident. The tribunal's assessment of compensation was deemed reasonable and confirmed by the court.
Issues: The issues included the cause of the accident, contributory negligence, validity of driving license, insurance coverage, and quantum of compensation.
Ratio Decidendi: The court held that the accident was caused by the bus hitting the motorcycle, and the deceased did not contribute to the accident. The tribunal's assessment of compensation was deemed reasonable and confirmed by the court.
Final Decision: The appeal was dismissed, and the judgment and award passed by the tribunal were confirmed. The insurance company was directed to deposit the entire outstanding amount of compensation within 30 days.
ORDER :
Arvind Kumar Mishra-I, J.
1. Heard learned counsel for the parties.
2. This first appeal from order has been preferred against the judgment and award dated 29.2.2016 passed in Motor Accident Claims Tribunal/Additional District Judge (Court No. 7) Muzaffar Nagar in M.A.C.P. No. 308 of 2014-Smt. Kamlawati and others Versus Narbir Singh and another whereby the concerned tribunal awarded compensation amount to the tune of Rs. 4,34,000/- carrying on 7% interest to the claimant respondents under various heads.
3. The facts relevant for adjudication of this appeal discernible from the record appear to be that in this case allegations are that some accident took place on 30.12.2013 at 7.30 p.m. on distillery crossing by the side of G.T. Road in district Muzaffarnagar when a motorcycle Splendor Plus No. U.P. 15-A.B. 3978 on which two persons were riding was about to stop then it was hit by some bus coming from Muzaffar Nagar side due to which the motor cycle went out of control and it collided with Virendra Kumar, who was standing by the side of the road due to which Virendra Kumar sustained several injuries on his person, he was taken to Muzaffar Nagar medical college where he was hospitalized on 30.12.2013 around 9 a.m. where he succumbed to his injuries on 31.12.2013 at 7.40 a.m. Post mortem examination on the dead body of the deceased was conducted.
4. In view of the aforesaid accidental death, claim was preferred by the present claimant-respondents before the aforesaid claim tribunal wherein the insurer of the aforesaid offending motorcycle U.P. 15-A.B. 3978 was also impleaded as opposite party no. 2 along-with owner of the vehicle as opposite party no. 1. The case was contested between the parties and written statement was filed whereupon the tribunal framed as many as five issues.
5. Issue no. 1 related to fact whether the accident in question was caused on 30.12.2013 at 7.30 a.m. and at that point of time aforesaid Virendra Kumar along-with Sudheer was standing hundred meters away from the distillery crossing at G.T. Road within police station Mansurpur, waiting for his son when a bus coming from Muzaffar Nagar side collided with one motorcycle No. U.P. 15-A.B. 3978 on which two persons were riding, when the motorcycle was about to stop and at that point of time the bus hit it due to which the motorcycle went out of control resultantly collided with Virendra Kumar due to which Virendra Kumar sustained injuries and died during the course of treatment. If yes, its effect?
6. Issue no. 2 related to the fact whether the road accident was caused by the driver of the motorcycle No. U.P. 15-A.B. 3978 and the accident was the outcome of contributory negligence of the deceased Virendra Kumar, if yes its effect?
7. Issue no. 3 related to the fact whether on the aforesaid date and time the driver of the aforesaid motorcycle No. U.P. 15-A.B. 3978 was possessing a valid and effective driving licence?
8. Issue no. 4 related to the fact whether the aforesaid vehicle was insured with the present appellant on the date and time of the accident and the same was being given in accordance with the terms and conditions of the insurance policy?
9. Issue no. 5 related to the fact of quantum of compensation, as to what compensation and from whom and to what proportion the claimants are entitled to receive?
10. Both the sides filed their papers, which have been taken on record and described in the body of the award of the tribunal, the same need not be repeated for the sake of convenience. However, in case as and when the context arises, the same will be referred.
11. The claimant got examined three witnesses P.W. 1 Kamlawati, P.W. 2 Jai Prakash and P.W. 3 Sudhir and the opposite party/owner got examined D.W. 1 Pawan Kumar. The tribunal after considering the merit of the case and after hearing the arguments allowed the claim petition to the aforesaid extent, consequently, this appeal.
12. Sri Sushil Kumar Mehrotra, learned counsel for the National Insurance
