MACT Cannot Assess Negligence On Behalf Of The Deceased When There Is No Direct Evidence: Calcutta HC
The Calcutta High Court held that when there is no direct evidence of negligence on the part of the deceased, a tribunal cannot assess the negligence on behalf of the deceased.
The Court directed an insurance company to compensate the predecessors of the deceased who had died as the result of rash and negligent driving of a driver of an offending vehicle duly insured under the policy of the insurance company.
A Single Bench of Justice Subhendu Samanta observed, “The learned tribunal has not considered the medical expenses incurred by the claimants due to the treatment of the deceased in various nursing home/hospital…Accordingly, I am of the view that the claimants are entitled to get the medical expenses in this case according to the bills. On the above observation, the award passed by the learned tribunal need be modified. ”
Advocate Amit Ranjan Roy represented the appellants, while Advocate Rajesh Singh appeared for the respondents.
The FIR had stated that when the deceased boarded, the bus the driver suddenly accelerated the speed. On the other hand, an eye witness stated that the driver had suddenly applied the break which is why the deceased rolled down from the bus.
The tribunal had held that the deceased was responsible for the accident and that there was contributory negligence on the part of the deceased as well as the driver of the bus.
The Court noted, “It appears that the FIR was lodged by the brother-in-law of the deceased who was not present at the time of accident. Moreover, the PW-6 was present at the time of accident. So, the evidence of PW-6 is more reliable then the de-facto complainant. Only on the version of the FIR, the observation of the learned tribunal, appears to me not justified and beyond the evidence on record.”
The Court stated that the claimants were entitled to get the medical expenses according to the hospital bills and modified the award passed by the tribunal.
The Court held, “The driver of the offending vehicle is solely negligent for the rash and negligent driving of the driver that there is no contributory negligence on the part of the deceased”
The High Court modified the compensation awarded by the Tribunal from Rs. 3,73,550/- to Rs.40,08,687/-.
Accordingly, the High Court disposed of the appeal.
Cause Title: Soma Ghosh @ Soma Barman @ Soma (Barman) Ghosh & Ors. v. United India Insurance Co. Ltd. & Ors.
Appearance:
Appellants: Advocate Amit Ranjan Roy
Respondents: Advocate Rajesh Singh