High Court Of Madhya Pradesh
GULAB C. GUPTA
SARDAR ISHWAR SINGH TRUCK - Appellant
Versus
HIMACHAL PURI - Respondents
Misc. Appeal 41 Of 1985
Decided On : 09/18/1989
MOTOR VEHICLES ACT, 1939 - SEC. 110B, 110CC, 92A - FATAL ACCIDENT - COMPENSATION - MINIMUM AMOUNT - INCREASE BY APPELLATE COURT - INTEREST - AWARD AGAINST INSURANCE COMPANY - BREACH OF POLICY CONDITION - PROOF.
Fact of the Case:
Three persons were killed in a road accident involving a goods vehicle driven by the appellant. The Motor Accident Claims Tribunal awarded compensation of Rs. 12,500/- to the legal representatives of the deceased. The appellants, the owner and driver of the vehicle, challenged the award, while the respondents, the legal representatives of the deceased, did not appeal or file cross-objections.
Finding of the Court:
The court found that the accident was caused by the rash and negligent driving of the appellant and that the deceased persons were carried in the vehicle contrary to law. The court also held that the Insurance Company was not liable to compensate the respondents as the passengers were being carried in the vehicle contrary to the policy conditions.
Issues: 1. Whether the compensation awarded by the Tribunal was just and adequate? 2. Whether the Insurance Company was liable to compensate the respondents?
Ratio Decidendi: 1. The court held that the compensation awarded by the Tribunal was grossly inadequate and violated the principle of 'just compensation' under Section 110b of the Motor Vehicles Act, 1939. The court relied on Section 92a of the Act, which provides for a minimum compensation of Rs. 15,000/- in case of death or permanent disablement resulting from an accident. The court held that this provision was intended to compensate one death and that a similar amount would have to be given for every death. Therefore, the minimum compensation payable under Section 92a for three deaths would be Rs. 45,000/-. 2. The court held that the Insurance Company was not liable to compensate the respondents as the passengers were being carried in the vehicle contrary to the policy conditions. The court relied on the fact that the policy clearly specified that it was in relation to the truck intended to be used as a carrier of goods.
Final Decision: The court modified the impugned award by increasing the amount of compensation to Rs. 45,000/- with interest at the rate of 12% per annum from the date of application till realization. The court also affirmed the award of the Tribunal that the Insurance Company was not liable.
( 1 ) THIS first appeal filed under S. 110d of the Motor Vehicles Act, 1939 (hereinafter referred to as THE ACT) is by the owner and the driver of the goods vehicle No. CPI-6202 and is directed against the award dated 18-9-1984 passed by Shri P. Mahta, Motor Accident Claim Case No. 16 of 1982 awarding a sum of Rs. 12,500/- in favour of Respondent Nos. 1 to 3 as compensation for accidental death of Shri Laxman Puri, Smt. Jamunabai and Smt. Nageser Bai.
( 2 ) THE respondents by filling their claim before the learned tribunal under S. 110 of the Act submitted that the truck aforesaid was being driven by the appellant No. 2 in a very high speed and therefore in rash and negligent manner and met with an accident killing the aforesaid three persons who had been taken as passengers. It was alleged that the appellant No. 2 lost control of the truck because of its high speed and hence the truck got turitle and killed the aforesaid three persons on the spot. Since the respondents claimed to be the legal representatives of the deceased persons they claim compensation in accordance with law. The appellants denied their liability to pay any compensation and submitted that the deceased persons did not die of rash and negligent driving as alleged. It was specifically submitted that one of the tyres of the front wheel of the vehicle got suddenly burst resulting in the accident as aforesaid. The accident, according to the appellants was for reasons beyond their control. They however submitted that the truck was insured with the respondent Insurance Company and hence the liability, if any would be met by the said respondent. The respondent Insurance Company submitted that carrying passenger in a goods vehicle was contrary to law and amount to breach of policy conditions and hence they were not liable. The learned tribunal, on appreciation of evidence adduced by the parties, came to the conclusion that the accident took place because the truck was being driven in high speed and hence rashly and negligently. The learned Tribunal found no reliable material on record to hold that the tyre of any of the front wheel of the truck had burst as alleged. The learned tribunal also held that the deceased persons were carried in the vehicle contrary to law and the appellants were guilty of breach of policy conditions. It was therefore held that the respondent Insurance Company was not liable. The learned tribunal however calculated on Rs. 12,500/- (twelve thousand and five hundred only) as total compensation for the three deaths and awarded the same by the impugned award. It is this award which is under challenge in this appeal.
( 3 ) THE finding that the truck was being driven in high uncontrollable speed and hence turned turtle is not under challenge. Indeed no arguments were submitted against it. There is also no evidence in support of the defence that the accident was the result of the burst of front tyre of the vehicle. It is therefore plain that the appellants are liable to compensate the respondents Nos. 1 to 3 for the death of the above named three persons. This Court is however shocked to find that these lives have been valued at Rs. 12,500/- only. They were surely the citizens of this Democratic Republic and were killed for no fault on their part. If one is able to project his knowledge and experiences of life, he would surely conclude that the learned tribunal has found these three human lives worth only a buffalo. It is well known that a good she buffalo nowadays costs more than 12,500/- and some amount is required to spend in discovering a good quality buffalo. Human life has never been so cheep and law Court has ever treated human life so contemptuously. It is true that courts and tribunals in India have applied S. 1 A of the Fatal Accident Act, 1855 to assess damages, but even said provision when applied to a (case) covered by the Act, has been read with S. 110b which makes it obligatory on the tribunal to award 'just compen
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