Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Motor Vehicles - Accident |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Motor Vehicles - Accident - Compensation claim - Case of appellant that while attending an event of demonstration of tractors, the driver was unable to bring tractor to halt as a result of which it turned turtle and collided with appellant resulting in grievousinjuries to him - FIR was registered - Appellant claimedcompensation before the Tribunal - Tribunal accepted the testimonyof the appellant which was corroborated by the evidence of PW-3, an eye-witness to the incident and awarded compensation to the appellant - However. High Court reversed the judgment of the Tribunal and held that FIR was registered on the date of accidenton the basis of the statement of the appellant and that appellantwas sitting on the mud-guard next to the driver of the tractor andthis was not a risk insured by the insurer - Upon this finding, High Court rejected the appeal. filed by the appellant for enhancement of compensation - On appeal. held: The Tribunal had noted the admission of RWJ in the course of his cross-examination that theinsurer had maintained a separate file in respect of the accident -The insurer did not produce either the. file or the report of the investigator in the case - Moreover. no independent witness was produced by the insurer to displace the version of the incident as deposed to by the appellant and PW-3 - The cogent analysis of theevidence by the Tribunal has been displaced by the High Courtwithout considering material aspects of the evidence on the record- Medical evidence on record, shows that lower limbs of the appellant have been paralysed resulting in a loss of bladder and bowel control - The medical evidence establishes that the disability of the appellant is one hundred percent - On facts, the compensationofRs.8,66,0001- awarded by the Tribunal enhanced by an additionalamount of Rs. 2,70.0001-. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2017 INSC 1249 |
Petitioner | Halappa |
Respondent | Malik Sab |
SCR | [2017] 14 S.C.R. 500 |
Judgement Date | 2017-12-15 |
Case Number | 22911-22912 |
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