Transport Corp. Vs. Islamuddin  INSC 153 (23 January 2009)
IN THE SUPREME COURT
OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No. OF 2009 (Arising out of
SLP(C) No. 18196 of 2007) U.P.STATE ROAD TRANSPORT CORP. ... Appellant(s)
Versus ISLAMUDDIN ... Respondent(s)
Dr. ARIJIT PASAYAT,
This is an appeal
against the order passed by a learned Single Judge of the Delhi High Court
allowing the appeal filed by the respondent who had filed a claim petition
claiming compensation on the ground that he had sustained injuries on account
of vehicular accident which took place on 03.12.2002 near G.T.Road,
Learned MACT, Karkardooma Court, Delhi fixed the amount payable as compensation
to be Rs. 3,00,598/-. But deducting 40% for the alleged contributory negligence
of the claimant, ultimately the amount payable by the present appellant to the
claimant was fixed at Rs. 1,80,358/- (approximately). In appeal filed by the
claimant, the High Court by the impugned judgment held that the
reasons indicated by
the MACT for making deduction on account of alleged contributory negligence
were not sufficient for the purpose of making a deduction. In the present
appeal, it is stated by learned counsel for the appellant-
Corporation that MACT
categorically indicated reasons as to why it held that there was contributory
negligence on the part of the respondent leading to the accident in question.
There is no
appearance on behalf of the respondent in spite of service of notice. We find
that the High court has discarded the view indicated by MACT on the ground that
the evidence of the driver who was examined shows about the contributory
negligence cannot be given any preference over the evidence of the claimant.
That was not the only ground on which MACT had directed deduction for contributory
negligence. It was observed that though the place of accident was indicated,
the site plan did not plan other relevant details.
In the peculiar facts
of the case, we are of the view that there was contributory negligence on the
part of the claimant. Considering the nature of the accident we held that the
liability of the Corporation shall be Rs. 2,35,000/- with interest @ 6% from
the date of accident. It is stated that nearly Rs. 2,22,000/- had already been
deposited. The balance amount payable on the basis of present order shall be
deposited with MACT within six weeks.
-3- The respondent
shall be permitted to withdraw the amount on such terms as the
MACT shall stipulate.
The appeal is allowed
to the aforesaid extent. No costs.
(Dr. ARIJIT PASAYAT)
((ASOK KUMAR GANGULY)