The Supreme Court has issued notice in a plea filed by a woman against the reduction in compensation by 50 percent by the High Court on the sum awarded by the tribunal in motor accident case which claimed the life of her husband more than a decade ago.
The High Court had held that the deceased was also negligent in the accident to the tune of 50 percent, therefore the award of compensation is required to be reduced by 50 percent.
A two-judge bench headed by Justice S. Abdul Nazeer and Justice Krishna Murari heard appeal filed by Jaspreet Kaur, wife of deceased Jasvinder Singh, who sought enhancement of compensation in motor accident case against the order dated 15.2.2021 of Rajasthan High Court.
The Bench issued notice only to the extent of quantum of compensation in the present matter. Kaur’s advocate Rishabh Sancheti appeared before the Bench.
The High Court of Rajasthan held the husband of Jaspreet Kaur, who was driving his Maruti Zen, to be equally negligent at par with the insurance company and hence it reduced the compensation sought by Jaspreet Kaur by 50 percent. The High court found owner cum driver of said vehicle to be contributory negligent in the accident to tune of 50 percent.
Furthermore, the High Court was unsatisfied with the reasoning of Tribunal of making truck driver only responsible for causing the accident by rash and negligent driving, and thus, imposed liability of 50 percent amount to be paid to the deceased, the husband of the appellant in this case.
The facts of the case are that the driver of a truck hit the car in a rash and negligent manner, wherein the husband of Jaspreet Kaur who was on driver seat sustained grievous injuries and died on the spot.
The insurance company contended before the tribunal that the deceased wrongly shifted to the other side of the road which went on to hit the truck who was coming from opposite direction, and hence truck driver cannot be made solely liable for offence of rash and negligent driving. Insurance company relied upon Bijoy Kumar Dugar Judgment of the apex court passed in 2006 holding that in an accident of vehicles head-to-head, the drivers of both vehicles should be equally liable for negligent driving.
However, the statement of eyewitnesses suggests that deceased Jasvinder singh expired due to the injuries sustained on the head due to the collision between his car and truck.
The stand of insurance company before Rajasthan High Court to curb the compensation amount, minimum 50 percent of it, awarded to the deceased Jasvinder Singh relying upon the Apex Court judgment of New India Insurance Company case (2020).
In case of National Insurance Company Ltd, the Apex Court has laid down that only 40 percent of the amount to be given towards loss of income on the criteria of future prospects of deceased.
The method of multiplier of 16 rightly been applied by Tribunal as noted by the High Court of Rajasthan in accordance with Sarla Verma case (2009).
The Tribunal calculated amount of Rs 53,600 per annum as the future prospects of deceased is concerned and further awarded a sum of Rs 26,37,000 as compensation in favour of claimant/appellant.