Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | American citizen met with an accident while he was in India due to rash and negligent driving of Corporation bus - He suffered injuries and after treatment shifted to America by air under medical supervision of doctors - Claim for compensation - Commissioner appointed to visit America to record the statements of 11 persons by order dated 11. 7.1990 - Evidence recorded by Commissioner - No objection taken by Corporation regarding evidence Motor Vehicles Act 1988: s.166 - Accident claim - Claimant |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Motor Vehicles Act, 1988: s.166 — Accident claim — Claimant, American citizen met with an accident while he was in India due to rash and negligent driving of Corporation bus ~ He suffered injuries and after treatment shifted to America by air under medical supervision of doctors — Claim for compensation — Commissioner appointed to visit America to record the statements of 11 persons by order dated 11.7.1990 — Evidence recorded by Commissioner — No objection taken by Corporation regarding evidence recorded by Commissioner of those persons also who were not named in order dated 11.7.1990 -~ Tribunal awarded compensation of Rs.1.25 crores including a sum on account of Special damages in respect of medical expenses in USA borne by Medi-Cal — Corporation and claimant both appealed before the High Court — Plea before High Court by Corporation that evidence of the persons who were not named in the order dated 11.7.1990 cannot be taken into consideration — High Court deleted the amount under the head Special damages on the ground that there is no manner for the courts in India to verify the fact as to whether or not the said amount will be paid to the concerned MediCal department by claimant - Further, it held that statements of persons recorded by Commissioner cannot be ignored in view of fact that Corporation did not raise objection earlier — Held: Tribunal specifically recorded that counsel of Corporation was asked as to whether he has any objection to take on record the statements of witnesses but he did not raise any objections and the statements of witnesses were taken on record — In this view of the matter, it is not now open for the Corporation to raise this plea now — There were evidence fo the effect that the bus was driven rashly and negligently — Therefore, the question of accident being a resuit of contributory negligence would not arise — High Court rightly observed that it is difficult to keep a track as to whether the amount awarded under head ‘Special damages’ would be paid over to the Medi-Cal | Department or not, and therefore, the High Court was justified in disallowing compensation under the said category — However, the claimant is entitled to claim Rs. 10 lakhs for keeping an attendant for the rest of his life — Plea — New plea. |
Judge | Hon'ble Mr. Justice R.K. Agrawal |
Neutral Citation | 2015 INSC 752 |
Petitioner | Rajasthan State Road Transport Corpn. |
Respondent | Alexis Sonier & Anr. |
SCR | [2015] 12 S.C.R. 564 |
Judgement Date | 2015-10-08 |
Case Number | 2967 |
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