NATIONAL INSURANCE CO LTD Vs. AMAR SINGH

JUDGEMENT

(1.) Having heard the rival contentions, it transpires that the accident occurred on 28.1.2010, when the owner-cum-driver Mr. Amar Singh, in order to save the accident, likely to happen by a cow coming from in front, skidded off from the main road and fell in the agricultural field below. He suffered fracture in his leg besides other injuries on his body and remained admitted for a considerable time in the hospital and somehow, could recover making his living workable. The Tribunal has awarded the compensation to the tune of Rs.50,389/- along with 6% interest for all the expenses incurred by him during hospitalization and treatment nay the agony suffered by him on account of loss a normal functioning leg.

(2.) Learned counsel on behalf of the Insurance Company has resisted this award mainly on two grounds.

(3.) The first one is that Section 166 of the Motor Vehicles Act pre-supposes the rash and negligence while awarding the compensation; since Mr. Amar Singh himself was driving the car owned by him which skidded off from the road and fell down in the agricultural field down, then he cannot be awarded the compensation for his own wrong doing. This contention is wholly unsubstantial for the reason that, howsoever, a driver of a particular vehicle could have been driving skillfully there is no measurement of perfection of such driving and still the vehicle, in question, could have been driven with more care and caution in order to avert the accident, in question. It is difficult to assume that any person driving the vehicle will deliberately and intentionally skid off from the road in order to make his vehicle fell down. So, the element of rash and negligence in such type of accidents always remains there, howsoever, little it may be.