LI Network
Published on: February 6, 2024 at 10:00 IST
In a recent development, the Calcutta High Court has ruled in favor of the family of a man who lost his life in a tragic bus accident.
The Court has directed the insurance company to pay an additional compensation of Rs 40,08,687 at an annual interest rate of 6%.
The victim met with the unfortunate incident when he was thrown from the front gate of the bus due to the rash and negligent driving of the bus driver.
The judgment overturns the decision of the Motor Accidents Claim Tribunal (MACT), which initially awarded compensation of approximately Rs 3.68 lakhs. The MACT had considered the alleged contributory negligence of the deceased, a factor that the Calcutta High Court found unsubstantiated.
Justice Subhendu Samanta, presiding over a single bench, emphasized that the MACT did not adequately consider the evidence on record and made hypothetical assessments of the deceased’s contributory negligence.
The Court noted that the police investigation had concluded with a charge sheet accusing the driver of the bus as the responsible party for the accident.
The claimants had filed the case under Section 166 of the Motor Vehicles Act, citing the death of their relative due to the negligent driving of the bus. The MACT, after hearing the parties, awarded a compensation of Rs 3.68 lakhs, which was challenged in the present appeal.
The appellants’ counsel argued that the tribunal’s decision was legally flawed, misconstruing the facts of the case. It was highlighted that the victim suffered fatal injuries after falling from the front gate of the bus in a rash and negligent manner on Guskara Road. Seven witnesses supported the claim, but the tribunal allegedly failed to consider the entire evidence.
The court agreed with the appellants, concluding that the tribunal erroneously attributed contributory negligence to the deceased. The compensation was then reassessed, taking into account the Income Tax Returns (ITR) filed by the deceased until his demise.
This ruling sets a precedent emphasizing the importance of a thorough examination of evidence in cases of accidents, ensuring fair compensation for the victims and their families.
