Bombay HC holds family of accident victim entitled to full compensation | Mumbai news - Hindustan Times
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Bombay HC holds family of accident victim entitled to full compensation

Apr 14, 2022 06:59 PM IST

The family members had moved to the high court, seeking full compensation. They claimed that there was no negligence of the deceased and the accident had occurred solely due to the rash and negligent driving of the driver of the offending tempo

Mumbai: The Bombay High Court (HC) on Wednesday struck down an October 2016 order of the Motor Accident Claims Tribunal at Thane by which compensation payable to the family of a road accident victim was reduced by 60% on account of “contributory negligence” on part of the deceased, and held that the family was entitled to full compensation of 2.58 crore. The accident had taken place in Thane on February 1, 2011, when the victim, Anil Yadav, was returning from Pune. The deceased had crashed his car into a tempo plying ahead of his vehicle and sustained serious injuries. He breathed his last at a hospital the next day.

The deceased had crashed his car into a tempo plying ahead of his vehicle and sustained serious injuries. He breathed his last at a hospital the next day. (HT)
The deceased had crashed his car into a tempo plying ahead of his vehicle and sustained serious injuries. He breathed his last at a hospital the next day. (HT)

Acting on an appeal filed by the victim’s wife, daughter, and parents, the division bench of justice Gautam Patel and justice Madhav Jamdar on Wednesday held that there was no contributory negligence on part of the deceased and therefore the family was entitled to full compensation.

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In 2011 itself, the victim’s family had approached the accident claims tribunal for compensation from the owner of the tempo, Bhupendra Bhoir, and his insurer, ICICI Lombard General Insurance Company, claiming that the deceased had died solely due to rash and negligent driving of the tempo driver.

On October 19, 2016, the tribunal passed the order fixing the claimant’s entitlement to 2.58 crore but granted them compensation of 1.03 crore – 40% of the total amount. The tribunal reduced the 60% compensation from the claim on account of “contributory negligence” on part of the deceased.

The family members had moved to the high court, seeking full compensation. They claimed that there was no negligence of the deceased and the accident had occurred solely due to the rash and negligent driving of the driver of the offending tempo. They claimed that the attribution to the deceased was contrary to the evidence of two eyewitnesses and the spot panchnama.

They claimed that the tempo was being driven in a rash and negligent manner and the deceased was tailing it at moderate speed. The deceased crashed his car into the tempo when it suddenly stopped in the middle of the road because of a speed-breaker and suddenly took a right turn without any indication.

The high court found that the spot panchnama was in consonance with the evidence of the two eyewitnesses and the tribunal had passed an order contrary to its own findings. “The accident had taken place entirely due to rash and negligent driving of the driver of the offending Tempo,” said the bench.

“The finding recorded by the learned Tribunal regarding contributory negligence is contrary to the evidence on record,” it concluded and held the family members entitled to full compensation of 2.58 crore with interest at the rate of 9% per annum from the date of the claim application. The high court has directed the tempo owner and his insurer to pay the compensation amount to the family of the deceased in one month.

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