An appeal against a motor vehicle award order increasing compensation. The High Court allowed the appeal, holding the deceased's contributory negligence reduced liability to 50%, and directed payment of half the awarded amount plus interest.
Impugned judgment modified; appellant directed to pay 50% of awarded amount with 9% interest.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Appeal No.99 of 2012
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Branch Manager United India Insurance Company Ltd., Biharsharif, Nalanda through Sri Pranay Kumar, Manager-cum-duly constituted Attorney United India Insurance Company Limited, Regional Officer 3rd Floor, Chanakya Complex, B.C. Patel Road, P.O. G.P.O., P.S. Sachiwalaya, District Patna. .... .... Appellant.
Versus
.... .... Respondents.
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Appearance :
For the Appellant/s : Mr. Ashok Priyadarshi, Adv. For the Respondent/s : Mr.
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CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL
ORAL JUDGMENT
Date: 17-08-2017
This appeal has been preferred against the judgment
dated 18.07.2011 and award dated 14.11.2011 passed in M.V. Case No.53 of 2002/3 of 2010 by the learned Additional District
Judge, F.T.C.-IV-cum-Motor Vehicles Claim Tribunal, Nawada, whereby allowing the claim petition the learned court has directed the appellant to pay the compensation to the tune of Rs.2,81,900.00 along with 6% interest to the claimants.
The factual matrix of the case is that claimants who happen to be the wife, sons and daughter of the deceased Late
Patna High Court MA No.99 of 2012 dt.17-08-2017
Bhagwan Das have filed the aforesaid claim case for awarding compensation to the tune of Rs.2,00,000.00 against the appellants with the case in succinct that on 22.05.2002 at 9 PM the deceased, Bhagwan Das, who happens to be the employee of Shankar Band Party, boarded the minibus bearing registration no.BHP 6165. As the bus was overcrowded he was forced to sit on its roof by the driver. The said vehicle was being driven negligently and rashly due to which it came in contact of high tension wire and the deceased died due to electrocution coming in contact with the said wire. The deceased was aged about 40 years and was earning Rs.50.00 per day by shoe repairing at Warishaliganj Railway Station. He was also doing work in a Band Party for Rs.100 per day during lagan & marriage.
The opposite parties put up their appearance in the case and contested the same. After hearing the parties and perusing the record, the learned lower court has passed the impugned judgment and award as discussed in earlier paragraph.
Being aggrieved and dissatisfied with the quantum of compensation awarded by the learned Tribunal, United India Insurance Company Ltd., who happens to be one of the opposite parties in the said case has preferred this appeal.
Patna High Court MA No.99 of 2012 dt.17-08-2017
It has been submitted by learned counsel for the appellant that it is the admitted case of the parties that the deceased was travelling on the roof of the minibus at the time of accident and has died due to electrocution as he came in contact with the high tension wire so the deceased had also contributed to the said accident. Hence, the liability of the appellant would be only 50% of the aforesaid awarded amount.
No one turned up on behalf of the respondents to argue the case in spite of service of notice.
On perusal of the record and the impugned judgment, it appears that it is the admitted case of the respondents that the deceased was travelling on the roof of the minibus and has died due to electrocution coming in contact with the high tension wire. Thus the deceased has also contributed to the said accident and hence amount of 50% is to be deducted and after deducting the amount of the Insurance Company would be liable to pay only 50% of the aforesaid awarded amount.
Accordingly, this appeal is allowed and the impugned judgment and award passed by the learned court below is modified to the said extent. The appellant is directed to pay 50% of the aforesaid awarded amount along with interest at the rate of
Patna High Court MA No.99 of 2012 dt.17-08-2017
9% per annum from the date of filing the claim petition till its realization to the respondent nos.1 to 6. Rs.25,000.00 deposited by the appellant be sent to the learned Tribunal to be paid to the aforesaid respondents by way of adjustment towards said payment.
(Prakash Chandra Jaiswal, J.)
Trivedi/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| UploadingDate | 21.08.2017 |
| Transmission Date |
NA |
2 issues framed by the court
Whether the liability of the insurer should be reduced by 50% due to the deceased's contributory negligence in travelling on the roof.
What is the revised compensation amount after applying the 50% reduction due to contributory negligence.
Branch Manager United India Insurance Company Ltd.
Chameli Devi
Mithilesh Ravidas
Santosh Kumar Ravidas
Sakaldeo Ravidas
Rajhari Kumari
Prakash Chandra Jaiswal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
