Case BriefsHigh Courts

Rajasthan High Court: Birendra Kumar J. allowed the appeal and enhanced the award considering the settled guidelines in the subsequent judgments to reach at “just compensation”.

The instant appeal under Section 173 of the Motor Vehicles Act, 1988, was filed by the wife, minor daughter and parents of Late Ramavatar @ Ramgopal, a victim of motor vehicle accident happened due to rash and negligent driving of the driver of the offending vehicle. The appellants filed MAC Case No.134/2011 before the Motor Accident Claims Tribunal, Bharatpur. By the impugned judgment and award the Tribunal awarded Rs.3, 21,600/- against claim of Rs.80, 35,000/-. Being dissatisfied with the calculation and quantum of compensation decided by the appellants, instant appeal was filed.

Counsel for the appellants Ms. Chelsi Gangwal contends that there was overwhelming unrebutted evidence of the wife of the deceased AW-1 Asha, the father of the deceased AW-2 Pradhan Singh and a businessman dealing with AC etc. who was examined as AW-3 Lalit Kumar that the deceased had monthly earning of Rs.12,000/-. However, the learned Tribunal took a pedantic approach of the matter that since no documentary proof of income of the deceased was produced, the notional income of Rs.3, 000/- per month was taken as multiplicand.

Counsel for respondent 3 put a defense that the offending vehicle was being used in violation of the terms and conditions of the policy. It was a case of contributory negligence as has been held by the Tribunal.

The Court observed that In the present case, there is no photographs of the site plan nor the author who had prepared the site plan Ex.-2 appeared before the Court. In my view, the Tribunal has committed error of appreciation of evidence and in fact, it is not a case of contributory negligence. Therefore, only for the reason that a self-earning person could not produce the document of his income, the deposition of the witnesses conversant with the income of the deceased should not have been ignored.

The Court relied on National Insurance Company Limited v. Pranay Sethi, (2017) 16 SCC 680, and observed “Section 168 of the Act deals with the concept of “just compensation” and the same has to be determined on the foundation of fairness, reasonableness and equitability on acceptable legal standard because such determination can never be in arithmetical exactitude. It can never be perfect. The aim is to achieve an acceptable degree or proximity to the arithmetical precision on the basis of material brought on the record in an individual case. In a case of death, the legal heirs of the deceased cannot expect a windfall. Simultaneously, the compensation granted cannot be an apology for compensation.

The Court thus held “Thus, under the conventional head, the appellants would be entitled for Rs.1,50,000/-, the total payable compensation comes to Rs.26,71,600/- (Rupees Twenty Six lacs Seventy One Thousand and Six Hundred) The aforesaid amount minus already paid would be payable by the Insurer within three months to the claimants along with interest of 9% per annum, failing which the aforesaid interest would be payable till the realization of the whole due amount. The 1/3rd share of the minor daughter shall be deposited in some Fixed Deposit Scheme and shall be spent for education and betterment of the minor as and when occasion arises on the order of the Court only.”[Asha v. Naresh Kumar, 2022 SCC OnLine Raj 262, decided on 03-02-2022]


Appearances:

For Appellant(s) : Ms. Chelsi Gangwal for Mr. Prateek Sharma

For Respondent(s) : Mr. Ritesh Jain


Arunima Bose, Editorial Assistant has reported this brief.

Case BriefsHigh Courts

Calcutta High Court: A Division Bench of Bibek Chaudhari and Soumen Sen, JJ., addressed a matter wherein a reporter published a story on witnessing the police personnel bribing a truck driver and further driving negligent get hold of the truck resulting in the death of a person.

Petitioner a reporter of ETV Bharat made a news report stating, inter alia that some police personnel was collecting bribe from a truck loaded with sand and while chasing the truck, the vehicle owned by the police department was being driven in a rash and negligent manner.

The result of the rash and negligent driving caused the death of a person.

Above was the prima facie reason for lodging a complaint against the petitioner.

Bench on perusal of the materials on record stated that, it is a fundamental right of a press reporter to publish any news, which may not be palatable to the administration.

In order to stifle and muzzle the voice of the reporter this case has been registered against the petitioner.

Court also noted the fact that the police have taken cognizance of the report which prima facie discloses the offences committed by its own personnel.

Hence, in view of the above, Police Superintendent of the District concerned has been directed to initiate enquiry regarding registration of the FIR against the ETV reporter and to investigate about the collection of money by the police personnel, the incident of which has been published by the reporter and to take appropriate action against the offenders.

Therefore, the petitioner shall be released on bail. [Avishek Dutta Roy, In Re., 2020 SCC OnLine Cal 1319, decided on 30-07-2020]

Case BriefsHigh Courts

Delhi High Court: A Single Judge Bench comprising of Sanjeev Sachdeva, J.allowed a criminal revision petition filed against the judgment of the Appellate Court whereby it confirmed the order of conviction under Section 304-A and 279 IPC passed by the trial court against the petitioner while reducing the sentence therefor.

The petitioner was accused of causing death of the deceased due to his rash and negligent driving. On the fateful night, according to the witnesses, the petitioner was driving his vehicle at a high speed which hit the deceased who was crossing the road. As a consequence, the deceased succumbed to the injuries sustained. The petitioner was charged, tried and convicted by the trial court under the aforementioned sections. He challenged the said order before the Appellate Authority which, while reducing the sentence imposed, confirmed the order of conviction. Aggrieved thereby, the petitioner preferred the instant petition.

The High Court, after perusal of the record, noted that the prosecution mainly relied on witness testimonies. referring to earlier decisions, the Court observed that the witnesses can no doubt depose as to the manner of driving or speed of the vehicle; however, they cannot render an opinion as to rashness and negligence. It was further noted that there was no evidence to prove whether the vehicle was being driven in a manner which may be construed as rash and negligent by the court. It was held that high speed, by itself, in every case, cannot be a sufficient criterion to bring home guilt of the driver for rash and negligent driving. There was no evidence as to skid marks, type of injuries sustainedly the deceased, etc. In such circumstances, the Court gave benefit of the doubt to the petitioner and acquitted him of all the charges. The petition was allowed and the order impugned was set aside. [Kishore Chand Joshi v. State,2018 SCC OnLine Del 12337, decided on 12-11-2018]