NEW INDIA ASSURANCE CO. LTD. Vs. PRAKASH SHIVHARE

JUDGEMENT

(1.) This bunch of appeals under Sec. 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as the 'Act of 1988') have been filed against the common award dtd. 30/11/2017 passed in Claim Case Nos. 13/2017, 14/2017, 15/2017, 16/2017, 17/2017, 18/2017 and 26/2017. This bunch of appeals has two sets, M.A.Nos. 1044/2018, 1045/2018, 1046/2018, 1047/2018, 1048/2018, 1049/2018 and 1051/2018 have been filed by the insurance company and M.A.Nos. 1427/2018, 1429/2018, 1431/2018, 1435/2018, 1437/2018 and 1440/2018 have been filed by the claimants. The insurance company has come challenging the award on the ground that in absence of a valid fitness certificate, it could not have been saddled with the liability to pay compensation whereas, claimants have come for enhancement of compensation. Facts of the case in brief are as under :

(2.) On 10/2/2016 at about 11:30 pm deceased Akash, Hemant, Rajesh, Deepak and injured Mukesh, Manish & Santosh were going in innova care bearing registration No. MP 09 CH 0004 from Ujjain to Maksi. When they reached near Shivshakti Warehouse on Ujjain-Maksi Road, pick up vehicle bearing registration No. MH 10 AQ 1639 came from the front side, the driver of which was driving the same in rash and negligent manner and dashed into the innova car head-on because of which all the above said persons sustained grievous injuries and four persons died due the said injuries. The innova car was being driven by Deepak.

(3.) The Claims Tribunal after recording evidence concluded that it is a case of composite negligence as the driver of pickup vehicle as well as the driver of the innova car (Deepak) both were negligent. As such, in the claim filed by the legal representatives of Deepak, he was held responsible for 60% contributory negligence and in other cases, the principle of composite negligence was followed. As such, against the insurance company direction was given for payment of compensation. Submissions of the counsel for the parties