Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Motor Vehicles Act Compensation |
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 Referred Case 4 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Motor Vehicles Act, 1988 – Compensation – The son of the appellants died as a result of the injuries sustained in a road traffic accident – The victim was one of the pillion riders on a motor cycle and he was thrown off the vehicle when a car hit the motor cycle from behind – The Tribunal found that the accident was caused due to the rash and negligent driving of the car and arrived at an amount of Rs. 11,66,800/- as the total compensation payable – This finding was confirmed by the High Court, though with a rider that the victim was guilty of contributory negligence, in as much as there were 3 persons on the motorcycle at the time of the accident, requiring a reduction of 10% of the compensations awarded – The High Court reduced the compensation to Rs. 4,14,000/- – On appeal, held : The finding of the High Court that 2 persons on the pillion of the motor cycle, could have added to the imbalance, is nothing but presumptuous and is not based either upon pleading or upon the evidence on record – In the absence of any evidence to show that the wrongful act on the part of the deceased victim contributed either to the accident or to the nature of the injuries sustained, the victim could not have been guilty of contributory negligence – Further, High Court erred in rejecting the evidence of PW-2 and salary certificate produced with regard to the employment and monthly income of the deceased and applying the multiplier of 14 instead of 18 – Therefore, the reduction of 10% towards contributory negligence was unjustified and interference made by the High Court with the findings of the Tribunal with regard to the monthly income of the deceased was also uncalled for – Therefore, impugned order of the High Court set aside and the award of the Tribunal restored. |
Judge | Hon'ble Mr. Justice V. Ramasubramanian |
Neutral Citation | 2020 INSC 17 |
Petitioner | Mohammed Siddique & Anr. |
Respondent | National Insurance Company Ltd. & Ors. |
SCR | [2020] 1 S.C.R. 931 |
Judgement Date | 2020-01-08 |
Case Number | 79 |
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