The Bombay High Court has dismissed an appeal by the National Insurance Company and upheld a Motor Accident Claims Tribunal (MACT) award of Rs 1.3 crore to the mother of a man who died in a road accident in January 2021. Justice M S Sonak endorsed the tribunal’s finding that the driver of a Qualis car was responsible for the collision with the victim’s scooter.
Bombay High Court upholds compensation
The accident occurred on 17 January 2021 on the Saligao–Calangute road when the victim, riding an Activa scooter, was struck by a Qualis vehicle. The victim succumbed to his injuries and his mother filed a claim before the MACT seeking compensation for wrongful death. The tribunal awarded Rs 1.3 crore, a decision that the insurer challenged in the High Court.
The National Insurance Company argued that the Qualis driver was not solely to blame, advancing a defence of contributory negligence. It claimed that the deceased had entered the main road from a side road in a rash manner and had collided with the insured vehicle. The insurer also asserted that the victim was not wearing a helmet at the time and asked the court to reduce the award.
Justice Sonak rejected those submissions. The court noted that the insurer had not raised the helmet allegation in its written statement and there was no corroborative evidence from eyewitnesses. Crucially, two eyewitnesses gave a detailed account of the incident, stating the Qualis was travelling at high speed and collided with the scooter while attempting to overtake another vehicle by driving on the wrong side of the road.
The court observed that, given the size and speed of the Qualis and the nature of the manoeuvre, the absence of a helmet would likely not have altered the fatal outcome. “Considering the evidence on record, i.e. the fact that the Qualis vehicle was much larger, it was being driven at great speed, and the accident occurred when the Qualis was trying to overtake another vehicle by going to the extreme wrong side of the road, the helmet, possibly, would have made no difference,” the judgment stated.
On the question of income and the quantum of compensation, the court found the tribunal had relied on documentary evidence of the victim’s salary to calculate the award. The High Court found no reason to interfere with the MACT’s assessment and affirmed the full amount granted to the claimant.
By dismissing the insurer’s appeal, the court allowed the claimant to withdraw the remaining compensation along with accrued interest. The ruling underscores the evidential importance of eyewitness testimony in establishing liability in motor accident cases and clarifies that belated pleas—such as an unpled helmet defence—may be insufficient where facts on record point to rash and negligent driving by a larger vehicle.
Legal analysts say the judgment will be cited in future claims where insurers seek to rely on asserted contributory negligence without supporting evidence. For claimants, the decision reinforces the tribunal’s role in assessing documentary proof of income when determining compensation and the High Court’s willingness to uphold awards where the record supports the MACT’s findings.
Key Takeaways:
- Bombay High Court affirms MACT award of Rs 1.3 crore to the mother of a man killed in a 2021 road collision.
- Court rejected insurer’s contention that the victim’s alleged non-use of a helmet affected causation or liability.
- Eyewitness testimony established rash and negligent driving by the Qualis driver while overtaking at speed.
- Claimant allowed to withdraw remaining compensation with accrued interest after dismissal of the insurer’s appeal.
