Supreme Court - Daily Orders
Saraswati Palariya vs The New India Assurance Company on 31 August, 2018
Bench: Ranjan Gogoi, Navin Sinha, K.M. Joseph
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S) 9114 OF 2018
[ARISING OUT OF SPECIAL LEAVE PETITION
(CIVIL) NO.4505/2018]
SARASWATI PALARIYA & ORS. ...APPELLANT(S)
VERSUS
THE NEW INDIA ASSURANCE COMPANY
LTD. & ORS. ...RESPONDENT(S)
ORDER
1. Leave granted.
2. Compensation granted by the learned Motor Accident Claim Tribunal, Nainital (“Tribunal” for short) to the extent of Rs.10,28,280/- (Rupees Ten lakh Twenty Eight thousand Two hundred and Eighty) with 7% interest has been reduced by 50% by the High Court on the ground that the deceased had contributed to the accident by his Signature Not Verified negligence. Aggrieved, this appeal has Digitally signed by VINOD LAKHINA Date: 2018.09.04 17:32:39 IST Reason: been filed.
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3. Learned counsel for the respondent – insurer has sought to sustain the aforesaid conclusion of the High Court by relying on the evidence of P.W.2 – Prakash Chandra Sharma.
4. We have read and considered the said evidence and we are unable to agree with the contentions advanced inasmuch as the witness relied upon has spoken about the rash and negligent driving of the truck which colluded with the motor cycle next to which the deceased was standing. No conclusion of any contributory negligence on the part of the deceased can be reached on the basis of the evidence of P.W.2.
5. The finding of the High Court of contributory negligence on the ground that the deceased was driving the vehicle without a driving license is equally unsustainable. Driving without a valid 3 driving license may expose the claimant(s) to other liabilities but no inference of contributory negligence can be arrived on that basis.
6. For the aforesaid reasons we allow this appeal; set aside the order of the High Court and restore the award passed by the learned Tribunal. All amounts due shall be paid forthwith and, in any case, within four weeks from today.
....................,J.
(RANJAN GOGOI) ...................,J.
(NAVIN SINHA) ...................,J.
(K.M. JOSEPH)
NEW DELHI
AUGUST 31, 2018
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ITEM NO.51 COURT NO.2 SECTION X
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
PETITION(S) FOR SPECIAL LEAVE TO APPEAL (C) NO(S). 4505/2018 (ARISING OUT OF IMPUGNED FINAL JUDGMENT AND ORDER DATED 28-03-2017 IN AFO NO. 20/2009 PASSED BY THE HIGH COURT OF UTTARAKHAND AT NAINITAL) SARASWATI PALARIYA & ORS. PETITIONER(S) VERSUS THE NEW INDIA ASSURANCE COMPANY LTD.
& ORS. RESPONDENT(S) Date : 31-08-2018 This petition was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE RANJAN GOGOI HON'BLE MR. JUSTICE NAVIN SINHA HON'BLE MR. JUSTICE K.M. JOSEPH For Petitioner(s) Mr. Rajesh Pathak, Adv.
Mr. Abhishek Chakraborty, Adv. Mr. Shirsh Kumar, Adv.
Mr. Bhupender Kumar Bhardwaj, Adv. Mr. Sumit Kumar, AOR For Respondent(s) Ms. Neerja Sachdeva, Adv.
Mr. Yash Pal Dhingra, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is allowed in terms of the signed order.
[VINOD LAKHINA] [SAROJ KUMARI GAUR]
AR-cum-PS BRANCH OFFICER
[SIGNED ORDER IS PLACED ON THE FILE]