Motorcyclist injured in accident caused by oil spill sought compensation under Section 166 of the Motor Vehicles Act. Tribunal had awarded Rs.1,60,000; the High Court reduced it to Rs.25,000 under Section 140 no-fault liability. The Supreme Court dismissed the appeal, upholding the High Court's reduction.
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[2011] 11 S.C.R. 386
A
A. SRIDHAR
v.
UNITED INDIA INSURANCE CO. LTD. & ANR.
(Civil Appeal No. 7823 of 2011)
B
SEPTEMBER 13, 2011
[G.S. SINGHVI AND H.L. DATIU, JJ.]
Motor Vehicles Act, 1988 - ss.166 and 140 - No fault liability - Appellant while riding the motor cycle met with an C accident due to oil spill on road and suffered grievous injuries - Claim petition - Award of compensation of Rs. 1,60,0001with 6% interest p.a. under the Insurance Policy by the Tribunal, reduced by High Courl to Rs. 25,0001- u/s. 140 of the Act - Justification of - Held: Justified - The tribunal held D that the appellant, while driving the motor vehicle on the fateful day, met with an accident not because of the fault of the owner of the vehicle or because of the fault of the other vehicle, but because of the oil spill on the road - Thus, negligence can be attributable only on the person who was driving the vehicle E and thus, is not entitled to compensation under the Insurance Policy - High· Courl was justified in invoking the beneficial legislation and in directing the Insurance Company to pay limited amount by way of compensation to the injured person of an accident arising out of the use of a motor cycle on the F basis of no fault liability - Legislation - Beneficial Legislation.
The appellant filed a petition under Section 166 of the Motor Vehicles Act, 1988 claiming Rs. 6,00,000/- as general carnages/compensation since he suffered grievous injuries when the motor cycle he was riding G along with a pillion rider met with an accident due to oil spill on the road. The Tribunal awarded compensation of Rs. 1,60,000/- together with interest at 6% per annum under the Insurance Policy. The High Court reduced the
386
H
A. SRIDHAR v. UNITED INDIA INSURANCE CO. LTD. 387 &ANR.
compensation awarded to Rs.25,000/- under Section 140 A of the Act. Thus, the appellant filed the instant appeal.
Dismissing the appeal, the Court
HELD: From the evidence on record, the Tribunal held that the appellant, while driving the motor vehicle on the fateful day, met with an accident not because of the fault of the owner of the vehicle or because of the fault of the other vehicle, but because of the oil spill on the road. Therefore, the negligence can be attributable only on the person who was driving the vehicle and thus, is not entitled to compensation under the Insurance Policy. Therefore, the High Court was justified in invoking the beneficial legislation and in directing the Insurance Company to pay limited amount by way of compensation to the injured person of an accident arising out of the use of a motor cycle on the basis of "no fault liability," since the accident has arisen out of use of motor vehicle and has resulted in grievous injuries to the claimant. Thus, there is no legal infirmity in the judgment and order passed by the High Court. [Paras 7 and 8] [389-A-D]
B
C
D
E
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 7823 of 2011 etc.
Vivek Sharma, P.B. Suresh, Temple Law Firm for the Appellant.
F
K.L. Nandwani for the Respondents.
The Judgment of the Court was delivered by
H.L. DATTU, J. 1. Leave granted.
G
H
[2011) 11 S.C.R.
SUPREME COURT REPORTS
388
B
G
H
A. SRI DHAR v. UNITED INDIA INSURANCE CO. LTD. 389 & ANR. [H.L. DATIU, J.]
perused the record. From the evidence on record, the Tribunal holds that the appellant, while driving the motor vehicle on the fateful day, met with an accident not because of the fault of the owner of the vehicle or because of the fault of the other vehicle,· but because of the oil spill on the road. Therefore, the negligence can be attributable only on the person who was driving the vehicle and hence, is not entitled to compensation under the Insurance Policy. Therefore, the High Court was justified in invoking the beneficial legislation and in directing the Insurance Company to pay limited amount by way of compensation to the injured person of an accident arising out of the use of a motor cycle on the basis of "no fault liability," since the accident has arisen out of use of motor vehicle and has resulted in grievous injuries to the claimant.
N.J.
Appeal dismissed.
A
B
C
D
1 issue framed by the court
Whether the claimant injured in an accident caused by oil spill was entitled to full compensation under Section 166 or only no-fault liability compensation under Section 140 of the Motor Vehicles Act.
2 provisions across 1 enactments
A. Sridhar
United India Insurance Co. Ltd.
Anr.
G.S. Singhvi
H.L. Dattu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
