New India Assurance Company Limited vs Heirs Of Decd. Pradipsinh Laxmandevsinh Chudasama & Ors.

Headnote AI-drafted · Reviewed and approved

The appellant, New India Assurance Company Limited, challenged the judgment and award dated 23.03.2012 of the Motor Accident Claims Tribunal (Main), Rajkot, in Motor Accident Claim Petition No. 1936 of 2000, whereby the Tribunal partly allowed the claim petition awarding Rs. 12,68,200/- with 8% per annum interest, apportioning liability 75:25 between the luxury bus driver and the jeep driver respectively. The accident arose from a collision between Jeep No. GJD-9315 and Luxury Bus No. GJ-14T-272 on the Ranpur-Dhandhuka road, resulting in the death of Pradipsinh, a passenger in the jeep.

The appellant contended that the Tribunal erred in attributing 25% negligence to the jeep driver, as all evidence on record, including the Panchnama of the accident site (Exh. 61), the FIR lodged against the luxury bus driver, and the pleadings of the claimants, pointed solely to the negligence of the luxury bus driver who fled the scene after the collision. Reliance was placed on the Supreme Court decision in Surender Kumar Arora v. Manoj Bisla, (2012) 4 SCC 552, to submit that in the absence of pleading or documentary evidence, no negligence could be attributed to the jeep driver.

The respondent claimants supported the Tribunal's award, while the insurer of the luxury bus opposed the appeal, highlighting that the Tribunal had properly considered the evidence including the Panchnama showing the position of the jeep on the road. The High Court was called upon to determine whether the apportionment of negligence by the Tribunal was justified on the basis of evidence and pleadings on record.

Catchwords: Motor accident claim · contributory negligence · apportionment of liability · negligence of jeep driver · negligence of bus driver · Panchnama · FIR · Motor Vehicles Act Section 173 · insurance company · quantum of compensation · fatal accident