PANAJI
The High Court of Bombay at Goa has directed four persons including an insurance company and a truck driver from Belagavi, to pay a compensation amount of Rs 28.58 lakh to the mother of a bike rider who lost his life in an accident six years ago.
Elsy Jolly Jacob, mother of the deceased rider, John Jacob had appealed against the judgment of the Motor Accident Claims Tribunal wherein it held that the claimants (victim’s mother and her late husband) failed to establish the fatal accident was due to the rash and negligent driving of Babaji, the driver of the tipper truck bearing registration number GA-05-T-6112.
The High Court observed that the Tribunal did not bother determining the compensation amount the claimants would have otherwise been entitled to; and that it decided only on the issue of rashness and negligence whereas the quantum of compensation was not decided.
The truck driver, who would have been perhaps in the best position to explain the genesis of the accident, did not step into the witness box. The Insurance Company did not summon the truck driver as a witness.
Upon cumulative consideration of the evidence on record, the Court noted that John’s contribution to the accident can be held at 70 per cent and the truck driver’s at 30 per cent. “This is a case of contributory negligence and the Tribunal failed to consider the aspect of contributory negligence by relying almost entirely upon the evidence of Nitin Halarnkar, PSI (Investigating Officer). No sufficient consideration was shown to the evidence of Sanjay Patkar and Aleluia Braganza (witnesses). No sufficient consideration was shown to the documentary evidence on record. Besides, no adverse inference was drawn due to the failure of the truck driver to examine him. If all of such factors were to be considered, then, a case of contributory negligence was made out,” the Bench of Justice M S Sonak ruled.
The Court further noted that being a larger and heavier vehicle, the driver was expected to take cognizance of the vehicle following the truck through the rearview mirror. The accident took place at a curve and, therefore, even the truck driver should have ensured that the truck was at the minimum speed.
“Now that it is found that deceased John contributed to the extent of 70 per cent to the unfortunate accident in which he died, his mother, the appellant in this appeal, would be entitled to compensation of Rs 28,58,262.60,” the court ordered.
Moreover, on this amount, the appellant would be entitled to interest at the rate of 6 per cent per annum from the date of the Claim Petition until the actual payment of the compensation.
