Partly allowed

New India Assurance Company Ltd. Aurangabad Thr Divnl Manager v. Nandu Bhimrao Raut and Anr.

Bombay HC22 Jan 2014FA/79/2012

Case brief

AI extract

What is this about?

The Insurance Company appealed against the Motor Accident Claims Tribunal award of Rs.1,29,309 to a passenger in an overloaded auto rickshaw. The High Court modulated the award by apportioning liability 70% to the auto rickshaw owner and 30% to the offending jeep driver and reduced the amount to Rs.90,516 adjusted from the statutory deposit.

What did the court decide?

Award modified to Rs.90,516 with interest at 7.5% per annum, apportioned from the statutory deposit.

New India Assurance Company Ltd. Aurangabad Thr Divnl… — Motor Accident Claims | Bombay HC (2014)

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1 FIRST APPEAL NO.79 OF 2012

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD

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FIRST APPEAL NO.79 OF 2012

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New India Assurance Company Ltd.,
Through its Divisional Manager,
Adalat Road, Aurangabad.

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...APPELLANT

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(Org.Respondent No.2)

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VERSUS

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1. Nandu s/o Bhimrao Raut, Age 41 years, Occu.Nil, r/o. At Post Pali, Tq. & Dist.Beed.

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2. Ganesh s/o Sonaji Dhere, Age Major, Occu. Business, r/o. Kolwadi, Post Pali, Tq. & District Beed.

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...RESPONDENTS

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(Resp.No.1 - Org.Claimant)
( Resp.Nos. 2 - Org.Resp.no.1)

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...

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Mr. S.G.Chapalgaonkar, Adv., for the appellant.
Mr.R.R.Imale, Adv., for respondent no.1.

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...

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CORAM: K.U.CHANDIWAL, J.

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Date:January 22nd, 2014

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...

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P.C.:-

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1.Heard. The appellant Insurance Company
(original respondent no.2) assails award recorded
by learned Member, Motor Accident Claims Tribunal
at Beed in MACP No.224/2005, dated 29th August,

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2 FIRST APPEAL NO.79 OF 2012

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2011, awarding Rs.1,29,309/- with interest at the
rate of 7 per cent per annum to the respondent
claimant.

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2.During submissions, Mr.Imale for the
original claimant, on instructions says, that
this is second round of litigation faced by the
respondent / claimant upto this Court and he has
instructions to offer 30 per cent reduction in
the claim of Rs.1,29,309/- and the interest.

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Mr.Chapalgaonkar, though argued the matter
elaborately, leaves this aspect to the Court.

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3.The claimant / respondent is unfortunate
sufferer in the long drawn litigation. He was a
passenger in an auto rickshaw which had a
collision with offending jeep. The Jeep driver
faced criminal prosecution vide Crime No.
172/2004. In earlier round, MACP No.224/2005 was
moved by the claimant in terms of Section 163-A
of Motor Vehicles Act wherein he has claimed to
have suffered 8 per cent permanent disability and
asserted medical expenses. The matter was
remitted by this Court, to decide it afresh and,
hence, evidence was adduced in the second round.

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4.The record illustrate, the vehicle in
which the claimant was travelling, had a permit
of three passengers plus driver but, at the
material time, it had exceeding figure of six

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3 FIRST APPEAL NO.79 OF 2012

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passengers. The prosecution to the jeep driver
of offending vehicle is quite clear. The
claimant / respondent, for best reasons known,
did not implead owner, driver, insurer of the
jeep though same was contested vigorously by the
Insurance Company of Auto Rickshaw and,
ultimately, it was pointed that no liability can
be fastened against owner and driver of the Auto
Rickshaw.

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5.The learned Member has, though accepted
factual scenario, held it as a composite
negligence which is primarily contradicting the
record and, particularly, the prosecution faced
by the jeep driver. In the situation, it is a
fit case to hold a contributory negligence by the
jeep driver and by rickshaw driver.

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6.In the light of the statement, referred
to above, to accept such contributory negligence
of Jeep driver at 30 per cent necessarily, the
award will have to be reduced to 30 per cent. The
appeal is partly allowed.

¶30

The liability of the Jeep Driver, its owner
and insurer is held to be 30 per cent and 70 per
cent would be the liability of the Rickshaw
owner,andappellantInsuranceCompany.
Consequently, the appeal partly allowed. Award is
modified to Rs.90,516/- with interest at the rate
of 7.5 per cent per annum from date of claim
petition, dt.11th Oct., 2005. No costs.

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4 FIRST APPEAL NO.79 OF 2012

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The amount be apportioned from the deposit
amount, including statutory deposit as indicated
here-in-above. If residuary remains, the same be
paid over to the appellant Insurance Company with
accrued interest.

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Appeal allowed as above.

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( K.U.CHANDIWAL ) JUDGE

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agp/79-12fa

New India Assurance Company Ltd. Aurangabad Thr Divnl Manager v. Nandu Bhimrao Raut and Anr.

Case brief

What is this about?

What did the court decide?

New India Assurance Company Ltd. Aurangabad Thr Divnl Manager v. Nandu Bhimrao Raut and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

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