Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Tort-Composite Negligence |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Tort-Composite Negligence-Head on collision between car and Motor Lorry-Front left side of car entangled with front middle of lorry-Rashness on part of drivers of two vehicles--lnjured entitled for damages from owners of both vehicles. Motor Vehicles Act, 1939-Section 110B-Accident Claim-Fixing amount of compensation payable to a victim of an accident-Damages to be assessed separately as pecuniary damages and special damages-Awarding of compensation for pain and suffering and loss of amenity of life-Special circumstances including age of claimant and deprivation suffered to be taken into account.Motor Vehicles Act, 1939-Section 110B-Accident claim-Pecuniary Damages--lnjured 52 years of age suffered 100% disability and paraplegia below waist-Claim for Fowler's Bed, electric wheel chair and air inflated be- Award of Rs. 1,47,000-Claim for Home Attendants-Award of Rs. 55,450 for present and Rs. 1,87,200 for future-Claim for Drugs and Tablets (Allopathic)-Award of Rs. 9,000 for present and Rs. 18,000 for future-Claim for Physiotherapy-Award of Rs. 34,200 for present and Rs.50,000 for future Claim for loss of earning-Award of Rs. 1,80,000.Motor Vehicles Act, 1939-Section 110B-Accident claim-Non Pecuniary damages--lnjured, an advocate having a good practice, 52 years of age-Suffered 100% disability and paraplegia below waist-Award of Rs.1,50,000 for pain and suffering and Rs. 1,50,000 for loss of amenities of life.Accident Claim-lnterest-Not payable over amount directed to be paid to injured in respect of future expenditure.The appellant met with an accident while travelling in a car owned by Respondent No.1. The appellant suffered serious injuries in the head on collision of the car and a motor lorry resulting in 100% disability and paraplegia below the waist. Notices given to the Insurance Company and other parties liable to pay compensation resulted in no response so the appellant filed a claim petition u/s 110-A of the Motor Vehicles Act, 1939 on 13.11.1980.The appellant was a practising advocate who used to appear in the High Court and Supreme Court of India. He was also a Judge of the City Civil Court for some time until he resigned in 1964. Because of the accident, he became disabled and was unable to resume his practice.The owner of the lorry resisted his liability to pay any compensation on the ground that the vehicle was insured and so the insurance company was liable to pay compensation, if any, to the appellant. The owner of the car resisted the claim asserting that the accident took place entirely due to the negligence of the driver of the motor lorry. In any case, according to the respondent, the compensation claimed was excessive, imaginary and speculative in nature.The Accident Claims Tribunal passed an Award directing respondents 1 and 2 to pay jointly and severally Rs. 26,25,992 with interest at the rate of 12% per ~mum from the date of the application till payment. The insurer of the motor lorry was liable to pay Rs. 50,000 and interest thereon and the insurer of the car was directed to pay all the compensation along with interest on behalf of respondent No. 1. The Tribunal was of the view that there was composite negligence on the part of the drivers of both vehicles.Two appeals were filed against the award, one on behalf of the appellant for enhancement of the compensation and the other on behalf of the owner of the car and its insurance company questioning the validity and correctness of the award. The High Court reduced the compensation from Rs. 26,25,992 to Rs. 8,57,352 and the rate of interest to 6% per annum. |
Judge | Hon'ble Mr. Justice N.P. Singh |
Neutral Citation | 1995 INSC 12 |
Petitioner | R.d. Hattangadi |
Respondent | Mis. Pest Control (india) Pvt. Ltd. And Ors. |
SCR | [1995] 1 S.C.R. 75 |
Judgement Date | 1995-01-06 |
Case Number | 1799-1800 |
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