Case Law Details
Raj Bala Vs Rakeja Begam (Supreme Court of India)
Conclusion: Hon’ble Supreme Court after applying the law laid down in the Judgment of National Insurance Co. Ltd. v Pranay Sethi have reassessed the amount pertaining to compensation and have enhanced the compensation under the head “loss of dependency” but have deducted the compensation under the head “loss of consortium”.
Facts: In present facts, the instant Appeal arises out of the final judgment and order dated 24.08.2017 passed by the Punjab and Haryana High Court at Chandigarh. The Appellants- claimants who are respectively the wife and children of the victim of a motor vehicle accident are dissatisfied with and aggrieved by the said judgment and order and they filed this Appeal seeking enhancement of the quantum of compensation.
On 11.08.2009, the deceased Sudesh Kumar was amongst the passengers in a bus bearing registration No. JK-01Y-0432 of Jammu and Kashmir State Road Transport Corporation, driven by the deceased husband of the first Respondent, on its trip from Jammu to Srinagar. By about 13:20 hrs the bus fell into river Chenab and Shri Sudesh Kumar drowned in the river. The Appellants alleged that the accident had occurred due to the rash and negligent driving and the consequential loss of control of the bus. He was working as a Head Constable in the Railway Protection Force and was then aged 32 years. Claiming the monthly income of the deceased as Rs.20,000/- the Appellants filed the claim petition under Section 166 of the Motor Vehicles Act, 1988 seeking a total compensation of Rs.50 lakhs, under different heads.
The Motor Accidents Claims Tribunal found that the accident had occurred due to the rash and negligent driving of the deceased husband of the first Respondent. On the principle of vicarious liability, the 4th Respondent – State Road Transport Corporation the owner of the bus was held jointly and severely liable with the husband of first Respondent, to satisfy the award, quantified as Rs.17,73,704/- with interest at the rate of 6 % per annum from the date of filing of the petition till realization of the amount.
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