SooperKanoon Citation | sooperkanoon.com/1045664 |
Court | Madhya Pradesh High Court |
Decided On | Mar-18-2013 |
Appellant | Smt.Meera |
Respondent | Shambhu Singh @ Chhotu |
Excerpt:
misc. appeal no.3103/2007 18.03.2013: shri sharad gupta, learned counsel for the appellants. shri jayant nikhra, learned counsel for respondent no.3. at the request of learned counsel for the parties, they are heard finally. this appeal has been filed filed by the appellants against the award dated 12/4/2007 passed by motor accident claims tribunal, jabalpur in claim case no.69/2006 for enhancement of compensation as well as on the point of negligence to the extent of 5050% by stating that there is no evidence available on record which may establish that the deceased was driving the truck with such negligence which he becomes liable to share 50% of the claim on his side. my attention has been drawn to the statement of gyan singh (aw2) who was cleaner of the truck and appeared as witness on behalf of the claimants. in his statement he has stated as under : “1. ?.kvuk 7 tuojh 06 dh gs a ?.kvuk fpjbz mksaxjh xzke dh gsa jkr ds djhc 2 ls s hkh pksvs vkbz fkh a nksvsyk dh iruh dk uke ehjk gs tks vkt u;k;ky; esa vkbz gs a 3 ?.kvuk ds ckn esus mrjdj vddj ekjus okys vzd dks ns[kk fkk vksj mlds ckn eq>s pksv yxh fkh blfy;s es hkh csgks'k gks x;k fkk a eq>s eamyk vlirky esas gks'k vk;k fkk a fqj esus nksvsyky ds ?.kj esa qksu fd;k fkk a esjk iqfyl c;ku eamyk fpfdrlky; esa gh gqvk fkk a mlds ckn eq>s hkh bykt gsr.esmhdy dkwyst yk;k x;k fkk a bykt ds nksjku 19 tuojh dks nksvsyky dh esmhdy dkwyst esa er;q gks xbz fkh a izfrijh{k.k }kjk vf/k0 j.xqirk oklrs vukosnd dza0 1 o 2 %& 4 esa vzd dza0 ,e0ih0ds09745 esa mzk;ojh djrk fkk a vzd dk ekfyd nksvsyky fkk a nksvsyky hkh mzk;ojh djrk fkk a es nksvsyky ds lkfk djhc 8 lky ls fkk a ;g lgh gs fd 8 lky igys nksvsyky ds ikl dksbz vzd ugha fkk a 5 ftl fnu ?.kvuk gqbz ml fnu es nksvsyky ds lkfk vzd ij fkk a nq?.kzvuk djhc nks& kzvuk nksuk vzdksa ds vkeus lkeus bqbz fkh a ;g lgh gs fd ;fn nksuk mzk;oj ;fn vius vius lkbm ls okgu pykrs rks nq?.kzvuk ugha gksr.a jkr dk le; fkk ml le; jksm [kkyh fkh a ge yksxks dk vzd versus ij fkk vkus okyk vzd mrkj ij fkk vksj lihm ij fkk a jksm ogkw lh/kh blfy;s gkuz ctkus dk loky gh ugha gs a nksuks mzk;ojksa dks vkius lkeus ds vzd fn[kkbz ns jgs fks a nq?.kzvuk iddh jksm ij gqbz fkh a 6 nksvsyky igys bunzdqekj fcjekuh ds ;gkw mzk;ojh djrk fkk a ml le; mlds 2000@& :0 eghus feyrk fkk a 7 eq>s nksvsyky 1800@& :0 izfrekg osr.nsr.fkk a ge yksx vzd esa tykm ydmh ysr.fks a vzd fdlh vzkaliksvz daiuh ls laca} ugha fkk a tc tgka dke fey tkrk fkk oslk dke ysr.fks a dke ds laca/k esa nksvsyky fglkc j[krk fkk eq>s ugha ekywe a izfrijh0 }kjk j.fej.oklrs vukosnd daza 3 %& 8 tykm ydmh ds fy;s ge yksx vf/kdka'kr% vtqzunkl eksvokuh dk vkmzj ysr.fksa a eghus esa djhc 10&12 vzd tykm ydmh muds ;gkw nsr.fks a”. even if his evidence is considered in toto, it cannot be said that the negligence on the part of the truck driver i.e. deceased was to the extent of 50% for which compensation has been reduced. it has come on record that the offending vehicle was coming with a fast speed and hit the truck which was being driven by the deceased from front side. this, itself, shows that the negligence was certainly on the part of the offending vehicle. in any event, it canno. be said that deceased was negligence to the extent of 50%. as such, the claimants are held entitled to receive 60% of the total awarded amount of compensation as the deceased is held negligent to the extent of 40%. in view of aforesaid, it is observed that the apportionment of liability fixed by the claims tribunal to the extent of 50% each deserves to be modified to the extent of 6040 percent, that is to say, the deceased was negligent to the extent of 40% and the driver of offending vehicle was negligent to the extent of 60%, therefore, the total sum awarded by the claims tribunal deserves to be distributed in the ratio of 6040%. the claimants are held entitled to receive 60% of the awarded amount. thus, the claimants are entitled to receive the total compensation of rs.3,82,582/, in stead of 3,18,819/. the balance amount of compensation shall also be paid by the insurance company to the claimants within a period of one months from today along with interest @ 9% p.a. from the date of filing of the claim case. in the event of nonpayment of the balance amount, interest shall be payable on the entire amount of compensation @ 12% from the date of passing of this order. in view of forgoing discussion, the appeal is allowed in part to the extent indicated herein above. (m.c. garg) judge ts
Judgment:Misc. Appeal No.3103/2007 18.03.2013: Shri Sharad Gupta, learned counsel for the appellants. Shri Jayant Nikhra, learned counsel for respondent No.3.
At the request of learned counsel for the parties, they are heard finally. This appeal has been filed filed by the appellants against the award dated 12/4/2007 passed by Motor Accident Claims Tribunal, Jabalpur in Claim Case No.69/2006 for enhancement of compensation as well as on the point of negligence to the extent of 5050% by stating that there is no evidence available on record which may establish that the deceased was driving the truck with such negligence which he becomes liable to share 50% of the claim on his side. My attention has been drawn to the statement of Gyan Singh (AW2) who was cleaner of the truck and appeared as witness on behalf of the claimants. In his statement he has stated as under : “1.
?.kVuk 7 tuojh 06 dh gS A ?.kVuk fpjbZ Mksaxjh xzke dh gSA jkr ds djhc 2 ls s Hkh pksVs vkbZ Fkh A NksVsyk dh iRuh dk uke ehjk gS tks vkt U;k;ky; esa vkbZ gS A 3 ?.kVuk ds ckn eSus mrjdj Vddj ekjus okys Vzd dks ns[kk Fkk vkSj mlds ckn eq>s pksV yxh Fkh blfy;s eS Hkh csgks'k gks x;k Fkk A eq>s eaMyk vLirky esas gks'k vk;k Fkk A fQj eSus NksVsyky ds ?.kj esa Qksu fd;k Fkk A esjk iqfyl c;ku eaMyk fpfdRlky; esa gh gqvk Fkk A mlds ckn eq>s Hkh bykt gSr.esMhdy dkWyst yk;k x;k Fkk A bykt ds nkSjku 19 tuojh dks NksVsyky dh esMhdy dkWyst esa eR;q gks xbZ Fkh A izfrijh{k.k }kjk vf/k0 J.xqIrk okLrs vukosnd dza0 1 o 2 %& 4 eSa Vzd dza0 ,e0ih0ds09745 esa Mzk;ojh djrk Fkk A Vzd dk ekfyd NksVsyky Fkk A NksVsyky Hkh Mzk;ojh djrk Fkk A eS NksVsyky ds lkFk djhc 8 lky ls Fkk A ;g lgh gS fd 8 lky igys NksVsyky ds ikl dksbZ Vzd ugha Fkk A 5 ftl fnu ?.kVuk gqbZ ml fnu eS NksVsyky ds lkFk Vzd ij Fkk A nq?.kZVuk djhc nks& kZVuk nksuk Vzdksa ds vkeus lkeus bqbZ Fkh A ;g lgh gS fd ;fn nksuk Mzk;oj ;fn vius vius lkbM ls okgu pykrs rks nq?.kZVuk ugha gkSr.A jkr dk le; Fkk ml le; jksM [kkyh Fkh A ge yksxks dk Vzd versus ij Fkk vkus okyk Vzd mrkj ij Fkk vkSj LihM ij Fkk A jksM ogkW lh/kh blfy;s gkuZ ctkus dk loky gh ugha gS A nksuks Mzk;ojksa dks vkius lkeus ds Vzd fn[kkbZ ns jgs Fks A nq?.kZVuk iDdh jksM ij gqbZ Fkh A 6 NksVsyky igys bUnzdqekj fcjekuh ds ;gkW Mzk;ojh djrk Fkk A ml le; mlds 2000@& :0 eghus feyrk Fkk A 7 eq>s NksVsyky 1800@& :0 izfrekg oSr.nSr.Fkk A ge yksx Vzd esa tykm ydMh ySr.Fks A Vzd fdlh VzkaliksVZ daiuh ls laca} ugha Fkk A tc tgka dke fey tkrk Fkk oSlk dke ySr.Fks A dke ds laca/k esa NksVsyky fglkc j[krk Fkk eq>s ugha ekywe A izfrijh0 }kjk J.feJ.okLrs vukosnd daza 3 %& 8 tykm ydMh ds fy;s ge yksx vf/kdka'kr% vtqZunkl eksVokuh dk vkMZj ySr.Fksa A eghus esa djhc 10&12 Vzd tykm ydMh muds ;gkW nSr.Fks A”.
Even if his evidence is considered in toto, it cannot be said that the negligence on the part of the truck driver i.e. deceased was to the extent of 50% for which compensation has been reduced. It has come on record that the offending vehicle was coming with a fast speed and hit the truck which was being driven by the deceased from front side. This, itself, shows that the negligence was certainly on the part of the offending vehicle.
In any event, it canNo. be said that deceased was negligence to the extent of 50%. As such, the claimants are held entitled to receive 60% of the total awarded amount of compensation as the deceased is held negligent to the extent of 40%. In view of aforesaid, it is observed that the apportionment of liability fixed by the Claims Tribunal to the extent of 50% each deserves to be modified to the extent of 6040 percent, that is to say, the deceased was negligent to the extent of 40% and the driver of offending vehicle was negligent to the extent of 60%, therefore, the total sum awarded by the Claims Tribunal deserves to be distributed in the ratio of 6040%. The claimants are held entitled to receive 60% of the awarded amount. Thus, the claimants are entitled to receive the total compensation of Rs.3,82,582/, in stead of 3,18,819/. The balance amount of compensation shall also be paid by the Insurance Company to the claimants within a period of one months from today along with interest @ 9% p.a. from the date of filing of the claim case. In the event of nonpayment of the balance amount, interest shall be payable on the entire amount of compensation @ 12% from the date of passing of this order. In view of forgoing discussion, the appeal is allowed in part to the extent indicated herein above. (M.C. Garg) Judge ts