Surajben Raysingbhai Parmar L.H. Of Decd. Raysingbhai Shankarbhai Parmar & Anr. vs Ramsangbhai Udesangbhai Parmar & Ors.

Headnote AI-drafted · Reviewed and approved

This First Appeal was preferred by the legal heirs of the deceased Raysangbhai Shankarbhai Parmar under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment and award dated 27.06.2018 passed by the Motor Accident Claims Tribunal (Aux.), Vadodara in Motor Accident Claim Petition No. 64 of 2008. The Tribunal had awarded compensation of Rs. 4,21,000/- with 9% per annum interest, holding the owner and driver jointly and severally liable while exonerating the Insurance Company (Opponent No. 3) from liability.

The appellants contended that the Tribunal erred in exonerating the Insurance Company by misinterpreting Section 147 of the Motor Vehicles Act and misreading the FIR and the Supreme Court decision in National Insurance Co. Ltd. v. Baljit Kaur. They sought a 'pay and recover' order against the Insurance Company and enhancement of compensation on grounds that the Tribunal had inadequately assessed income, loss of consortium, loss of estate, and funeral expenses, relying on Sarla Verma v. Delhi Transport Corporation and allied judgments.

The Insurance Company opposed enhancement, contending that the claimants had suppressed material facts by not producing the FIR, which indicated the deceased was a gratuitous passenger and not a goods owner, and that no premium had been paid for legal liability towards owners of goods, thereby justifying the Tribunal's exoneration of the insurer.

Catchwords: Motor Vehicles Act · motor accident claim · compensation enhancement · exoneration of insurance company · pay and recover · gratuitous passenger · owner of goods · Section 147 · loss of consortium · loss of estate · funeral expenses · minimum wages · multiplier method