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High Court Of Madhya Pradesh
UMA NATH SINGH, RAJENDRA MENON
TARABAI - Appellant
Versus
RAHUL TRADING AND FINANCE CO. - Respondents
M. A. 193 Of 1997
Decided On : 04/08/2003
res ipsa loquitur - Negligence in Vehicle Accident - The court applied the legal principle of res ipsa loquitur and relied on the judgment in Kaushnuma Begum v. New India Assurance Co. Ltd. to establish negligence in a vehicle accident. The court directed the Tribunal to assess compensation based on the presumption of rash and negligent driving, and to reexamine the liabilities of the parties involved.
Fact of the Case:
The court directed the Tribunal to assess compensation based on the presumption of rash and negligent driving, and to reexamine the liabilities of the parties involved.
Finding of the Court:
The court found that the legal principle of res ipsa loquitur applied and directed the Tribunal to reassess compensation and liabilities.
Issues: Assessment of compensation, liabilities of the parties
Ratio Decidendi: Application of res ipsa loquitur, reliance on the judgment in Kaushnuma Begum v. New India Assurance Co. Ltd.
Final Decision: The matter was remitted to the Tribunal for afresh consideration with specific directions.
( 1 ) HEARD learned counsel for the parties and perused the records.
( 2 ) IN view of the legal principle of res ipsa loquitur and a latest judgment of the hon'ble Apex Court in Kaushnuma Begum v. New India Assurance Co. Ltd. , 2001 acj 428 (SC), once the vehicle in question was found to have dashed against a tree, no further evidence was required to prove the negligence. Accordingly, the Tribunal is directed to assess the compensation on the presumption that the vehicle was being driven rashly and negligently. Secondly, from para 19 of the award, it appears that some error has been committed in fixing liabilities of the parties. Hence, the Tribunal shall also examine the extent of liability of the insurance company and the private parties for payment of compensation.
( 3 ) WITH the aforesaid directions, the m. A. is remitted to the Tribunal for afresh consideration. The parties shall appear before the Tribunal on 24. 6. 2003. To ensure the appearance of the parties the Tribunal shall issue notice to them. Thus, the M. A. is hereby disposed of. Orders accordingly.
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