Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Motor Vehicle Act 1988 – s.166 – Motor Accident claim |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Motor Vehicle Act, 1988 – s.166 – Motor Accident claim – Grant of compensation - The victim-deceased was driving motorcycle when a car came from the opposite direction and dashed into the motorcycle of the victim – Victim died and his appellant-wife received injuries – FIR was registered and charge-sheet was filed against the driver of the vehicle – An application u/s. 166 of the 1988 Act was filed for grant of compensation – A total sum of Rs.8,90,000/- was assessed as compensation by the Tribunal and it was held that the accident occurred by the car owned by the owner – However, the High Court did not accept the findings that the accident was caused by the car owned by the owner and the negligent driving on the part of the driver – The High Court noticed the fact that neither the owner of the offending car nor the Insurance Company has examined the driver to prove that the offending car was not involved in the accident – Thus, doubting the statement of appellant regarding the accident, the appeal filed by the Insurance Company was allowed and the claim petition was dismissed – On appeal, held: Rule of evidence to prove charges in a criminal trial cannot be used while deciding an application u/s. 166 of the Motor Vehicles Act, 1988 which is summary in nature – The application under the Act has to be decided on the basis of evidence led before it and not on the basis of evidence which should have been or could have been led in a criminal trial – There is no reason to doubt the veracity of the statement of appellant who suffered injuries in the accident – The entire approach of the High Court is clearly not sustainable – Appellants have not filed any appeal seeking enhancement of compensation awarded by the Tribunal before the High Court – Appellants entitled to enhanced compensation – Therefore, in exercise of powers conferred u/Art. 142 of the Constitution, this Court decides to recompute the amount of compensation to be in tune with the Constitution Bench Judgment (National Insurance Company Limited v. Pranay Sethi & Ors. (2017) 16 SCC 680: [2017] 13 SCR 100 ) – Hence, the compensation comes out to be Rs. 11,63,000/- along with interest @ 7% p.a. – Consequently, the order passed by the High Court is set aside - Constitution of India – Art. 142. |
Judge | Hon'ble Mr. Justice Hemant Gupta |
Neutral Citation | 2022 INSC 811 |
Petitioner | Janabai Wd/o Dinkarrao Ghorpade & Ors. |
Respondent | M/s. I.c.i.c.i. Lambord Insurance Company Ltd |
SCR | [2022] 6 S.C.R. 1041 |
Judgement Date | 2022-08-10 |
Case Number | 5220 |
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