A.SLP c number 21670 of 2013 The respondent Insurance Company is directed to deposit a sum of Rs.4,00,000/ with proportionate interest for a period of 3 years with the liberty to the appellant who may have become a major Sachin to withdraw the same by filing an application for his education, development and welfare The remaining amount of Rs.1,58,876/ with proportionate interest shall be paid to him by way of either a demand draft or deposited with the Motor Accidents Claims Tribunal within six weeks from the date of receipt of the companyy of this judgment.
on the total companypensation.
84,876/ Rs.1,51,154/ expenses Loss of Rs.4,500/ income Total Rs.1,45,344/ Rs.1,37,876/ Rs.2,44,654/ companypensation Rounded off to under all Rs.2,44,500/ heads 10 50 deductionRs.72,672/ Rs.68,938/ Rs.1,22,250/ towards companytributory negligence 11 TOTAL Rs.72,672/ Rs.68,938/ Rs.1,22,250/ The Tribunal awarded an interest at the rate of 6 p.a.
After medical examination, it was companycluded that all the three appellants had fractured their femur, tibia and fibula bones on their right leg and had to undergo an operation at National Hospital Bhopal where a rod and a ring were implanted on each one of their right leg.
Rs.2,25,000/ Rs.2,70,000/ Rs.
A 5 clearly suggests that the deceased had taken liquor but on the basis of the same, numberdefinite finding can be given that the deceased was driving the car rashly and negligently at the time of the accident.
A First Information Report was lodged in Mandi Shujalpur Police Station against the driver respondent No.1 of the offending tractor under Sections 279, 337, and 338 of the Indian Penal Code in short I.P.C. The appellants filed a claim petitions before the Motor Accident Claims Tribunal, Bhopal.
No companyts.
Rs.15,000/ p.a.
B 2 scene mahazar and Ext.
On the basis of the pleadings evidence on record, in the above said case, this Court has held thus on the negligence of the driver of the bus 20.5.
A.SLP c number 21671 of 2013 The respondent Insurance Company is directed to either pay Rs.5,80,154/ by way of demand draft drafts in favour of the appellant father Harinarayan or deposit the same with interest as awarded, before the Motor Accidents Claims Tribunal after deducting the amount already paid, if any, to the appellant within six weeks from the date of receipt of the companyy of this judgment.
All the appeals are allowed in the terms as indicated in the table above with interest.
Therefore, the appellant minor daughter and the appellant father were determined with 30 permanent disability and the appellant minor son was determined with 20 permanent disability by the doctor who had treated them.
21666 of 2013 and 21670 of 2013 have been filed by Kumari Kiran and Master Sachin respectively, through their father Harinarayan as they are minors, while Civil Appeal arising out of SLP c No.
Further, the High Court enhanced the companypensation of the appellant minor daughter by Rs.
on the companypensation determined in these appeals.
From the scene of the accident, one may suggest or presume the manner in which the accident was caused, but in the absence of any direct or companyroborative evidence, numberconclusion can be drawn as to whether there was negligence on the part of the driver.
A 5 post mortem report cannot take the place of evidence, particularly, when the direct evidence like PW3 independent eyewitness , Ext.
The High Court also reduced the companytributory negligence on the part of appellant father motorcyclist from 50 to 25.
2575 of 2010, 2574 of 2010 and 2579 of 2010 by the High Court of Judicature of Madhya Pradesh, Principal Bench at Jabalpur, urging various grounds.
These appeals have been filed by the appellants against the companymon Judgment and order dated 06.11.2012 passed in Misc.
30,000/ , the appellant minor son by Rs.25,000/ and the appellant father by Rs.65,000/ Rs.30,000/ lump sum and Rs.35,000/ towards medical expenses to be paid with an interest Rs.7.5 per annum vide its impugned judgment and order dated 06.11.2012.
2575 of 2010, 2574 of 2010 and 2579 of 2010 before the High Court of Madhya Pradesh at Jabalpur.
Upon further medical examination, it was found that the right leg of all the three appellants had become one inch shorter due to the injuries caused to them in the accident.
Due to the impact of this companylision the appellants fell down and sustained grievous injuries.
The aforesaid evidence, Ext.
Civil Appeals arising out of SLP c Nos.
Therefore, the High Court set aside the deduction arising out of the companytributory negligence from the companypensation determined towards the permanent disability for the appellant minors.
In absence of such direct or companyroborative evidence, the Court cannot give any specific finding about negligence on the part of any individual.
21670 OF 2013 AND CIVIL APPEAL NO.8634 OF 2014 Arising out of SLP C NO.
While on their way, a tractor bearing No.
MP13K1981 driven by Sajjan Singh respondent No.1 , companylided with the motor cycle on which the appellants were riding.
When two vehicles companying from opposite directions companylide, the position of the vehicles and its direction, etc.
The Tribunal after companysidering the facts, evidence produced on record and the circumstances of the case, apportioned companytributory negligence at 50 on the part of the appellant father who was riding the motorcycle on which the appellant minors were the pillion riders and 50 on the driver of the offending tractor.
Aggrieved by the impugned Judgment and order, the appellants filed these appeals.
The mere suspicion based on Ext.
RESPONDENTS WITH CIVIL APPEAL NO.8633 OF 2014 Arising out of SLP C NO.
21671 OF 2013 Date 11/09/2014 These appeals were called on for judgment today.
B 1 FI statement are on record.
The necessary relevant facts are stated as under On 04.06.2009, Kumari Kiran and her brother Master Sachin the pillion riders, hereinafter referred to as the appellant minors were going on a motor cycle to their village Shujalpur from Bhopal with their father Harinarayan, rider of the motor cycle, hereinafter referred to as the appellant father .
The mere position of the vehicles after accident, as shown in a scene mahazar, cannot give a substantial proof as to the rash and negligent driving on the part of one or the other.
21671 of 2013 has been filed by the appellant Harinarayan.
The said report reflects that the deceased had already taken meal and his stomach was half full and companytained rice, vegetables and meat pieces in a fluid with strong smell of spirit.
whole life 15,000/ X 15 Rs.15,000/ X 18,000/ X 15 15 Future loss Rs.67,500/ 30 Rs.45,000/ 20 Rs.81,000/ 30 of income dueof Rs.2,25,000/ of Rs.2,25,000/ of Rs.2,70,000/ to permanent disability Agony Rs.5,000/ Rs.5,000/ Rs.5,000/ Diet Rs.3,000/ Rs.3,000/ Rs.3,000/ Medical Rs.69,844/ Rs.
For Petitioner s Mr. Awadhesh Kumar Singh, Adv.
Application Nos.
21666 OF 2013 KUMARI KIRAN THR.
In the result, the appellants shall be entitled to companypensation under the different heads as per the following table Particulars Kumari Kiran Master Sachin Harinarayan Loss of future Rs.2,70,000/ income due to disability Pain and sufferingRs.1,00,000/ Rs.1,00,000/ Rs.50,000/ Agony to parents Rs.25,000/ Rs.25,000/ Medical Expenses Rs.69,844/ Rs.84,876/ Rs.1,86,154/ Attendant Rs.9,000/ Rs.9,000/ Rs.9,000/ Transportation Rs.5,000/ Rs.5,000/ Rs.5,000/ Special diet and Rs.10,000/ Rs.10,000/ Rs.10,000/ nutrition Permanent Rs.3,00,000/ Rs.3,00,000/ Rs.50,000/ Disability loss of amenities Future medical Rs.25,000/ Rs.25,000/ expenses TOTAL Rs.5,43,844/ Rs.5,58,876/ Rs.5,80,154/ Thus, the total companypensation payable to all the appellants by the respondent Insurance Company will be as per the total amount indicated in the preceding table with interest 9 from the date of filing of the application till the date of payment.
A 5 shows the companydition of the deceased at the time of death.
Rs.18,000/ p.a.
income Multiplier 15 15 15 Income for Rs.2,25,000/ Rs.
The post mortem report, Ext.
J. GOPALA GOWDA J. ADARSH KUMAR GOEL New Delhi, September 11, 2014 ITEM NO.1A For Judgment COURT NO.12 SECTION IVA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS CIVIL APPEAL NO.8632 OF 2014 Arising out of SLP C NO.
Accordingly, we allow these appeals with the following directions A.SLP c number21666 of 2013 The respondent Insurance Company is directed to deposit a sum of Rs.4,00,000/ with proportionate interest for a period of 3 years with the liberty to the appellant minor, Kumari Kiran to withdraw the same by filing an application for her education, development and welfare The remaining amount of Rs.1,43,844/ with proportionate interest shall be paid to the appellant minor through her father by way of either a demand draft or deposited with the Motor Accidents Claims Tribunal within six weeks from the date of receipt of the companyy of this judgment.
Being aggrieved by the companymon award passed by the Tribunal, the appellants filed M.A. Nos.
After companysidering the facts, evidence on record and circumstances of the case, the High Court held that the appellant minors who were the pillion riders cannot be held for companytributory negligence as apportioned by the Tribunal even if their appellant father who was the motorcyclist was at fault.
SAJJAN SINGH ORS.
HER FATHER HARINARAYAN APPELLANT Vs.
