The Manager, New India Assurance Co. Ltd. vs Smt. Neha Jaihind Patil & Ors.

This appeal is preferred by the Appellant Insurance Company against the Impugned judgment and order passed by the Motor Accident Claims Tribunal, Kolhapur (for short “the Tribunal”).

It is contention of learned counsel for the Appellant/Insurance Company that the accident occurred due to head on collision between the Indica car and truck. Drivers of both the vehicles were equally negligent for the said accident, but the Tribunal has fixed liability on driver of the Indica car, which is erroneous. Learned counsel further submitted that at the time of accident, the deceased was 46 years old, so proper multiplier of 13 be considered. Hence, requested to allow the appeal.

Though Respondents served, none present for the Respondents. This Appeal is of the year 2008, hence, I am deciding this Appeal on merit.

It is prosecutions’ case that on 24^th May, 2003 when the deeased and his friend were returning from Bombay to Islampur in Indica car and proceeding on the road, the driver of Indica car was driving the car in high speed and in a rash and negligent manner. The said car driver was driving the car in the middle of road, at that time, the offending truck came from the opposite direction came on the wrong side of the road and gave dash to the Indica car. The car driver and Jayhind Patil sustained fatal injuries in the accident. The offence was registered against the driver of Indica car.

While dealing with the issue of negligence, the Tribunal has observed that the accident was a result of rash and negligent driving on the part of the car driver himself. Therefore, only the owner and insurer of the car is responsible for paying the compensation amount to the applicants. The owner and insurer of the truck cannot be held liable for paying the compensation amount to the claimants. On that ground, the Tribunal has held that the accident occurred due to sole negligence of driver of the Indica car. I do not find infirmity in it. In my view, the FIR was registered against the driver of the Indica car. Moreover, though the driver of Indica car was injured in the said accident, he has not stepped in to witness box to prove the negligence of the truck driver. Without any evidence on record, the negligence of the truck driver cannot be considered. Hence, I do not find merit in the contention that the accident occurred due to contributory negligence of the truck driver.

The Tribunal has awarded consortium amount on lower side. As Insurance Company Limited Vs. Nanu Ram 2018 ACJ2782 (SC), each Claimant is entitled for Rs.48,000/- for consortium amount, Rs.18,000/- for loss of estate and Rs.18,000/- for funeral expenses. There are three claimants, so it comes to Rs.1,44,000/-. As per contention of learned counsel for the Appellant, at the time of accident, the deceased was around 46 years old, so proper multiplier is 13. Hence, I am considering the same.

In view of above, I pass following order:

In view of the aforesaid terms, the appeal is partly allowed and accordingly disposed off.

All pending applications, if any, also stand disposed off.