Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1988: s.166 Motor Vehicles Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Motor Vehicles Act, 1988 (59 of 1988) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Motor Vehicles Act, 1988: s.166 – Fatal accident – The victim- deceased aged 35 years was working as Manager in Private Company – Claimants are wife and minor son – One the fateful day, he was driving car – At that time, the offending vehicle (Eicher van) was in front of the car of the deceased – It was case of claimants that all of sudden, the driver of Eicher van turned towards right without giving any signal or indicator which resulted in accident – The victim died and other passengers in the car i.e first respondent- wife, respondent-minor son and sister of first respondent suffered injuries – Respondents claimed Rs. 3 crores – Tribunal allowed the claim partly and awarded compensation of Rs. 10,40,500/- with a finding that there was contributory negligence – High Court held that the accident occurred only due to negligence of the driver of Eicher van and taking annual income of deceased as Rs. 12.29,949/ - awarded total compensation of Rs. 1.85 crores – On insurance company’s appeal, held: Evidence of PW-1 as well as PW-3 was that the Eicher van which was going in front of the car, took a sudden right turn without giving any signal or indicator – The evidence of PW-1 & PW-3 was categorical and in absence of any rebuttal evidence by the driver of Eicher van, High Court rightly held that the accident occurred only due to the negligence of the driver of Eicher van – PW-1 herself travelled in the very car and PW-3, who gave statement before the police, was examined as eye- witness – In view of such evidence on record, there was no reason to give weightage to the contents of the FIR – The accident occurred on 14.10.2013, the High Court correctly took into account the salary of the deceased in Form-16 for the Financial Year 2012-2013 – Though, it was the claim of the respondents-claimants that the deceased was earning Rs.1,33,070/- per month, the same was not accepted and the High Court itself assessed the income of the deceased at Rs.12,29,949/- per annum – As the deceased was inpermanent job and having regard to age of the deceased on the date of the accident, the future prospects and the multiplier were correctly applied by the High Court – Even the amount of compensation on other conventional heads is awarded correctly by the High Court. |
Judge | Hon'ble Mr. Justice R.Subhash Reddy |
Neutral Citation | 2021 INSC 592 |
Petitioner | National Insurance Company Ltd. |
Respondent | Chamundeswari & Ors. |
SCR | [2021] 8 S.C.R. 611 |
Judgement Date | 2021-10-01 |
Case Number | 6151 |
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