In an appeal filed before the Calcutta High Court against a judgment and award dated 22-05-2024 by the Additional District Judge, a Single Judge Bench of Justice Biswaroop Chowdhury affirmed the impugned judgment and dismissed the appeal while asking insurance companies to inform Transport Authorities about vehicles whose insurance policies have expired and not renewed despite reminders.
On 27-12-2020, the victim, along with another person, was travelling on a motorcycle WB-30Z/7173 when a truck being driven rashly and negligently overtook the motorcycle, resulting in a crash due to which both riders of the motorcycle suffered grievous injuries. The victim succumbed to the injuries on the spot.
The deceased was a healthy young man who earned Rs. 15000 from his occupation and was the only provider in his family, on whom all claimants were dependent. The New India Assurance Co. Ltd. (NIACL)(appellants) contested the case filed by the claimants for seeking compensation due to the said accident. The Trial Court awarded compensation of Rs. 11,41,000/-, with 6% interest per annum, to the claimants and directed NIACL to pay the same.
Aggrieved, NIACL filed the present appeal and asserted that the Trial Court had erred in awarding without considering that the victim was driving the motorcycle in a drunken state without a valid insurance policy. It was mentioned that the post-mortem report of the victim stated that the stomach had contents that had an alcoholic smell.
The Court opined that when a person drives a vehicle in a drunk state, violating conditions under Section 185(A) of the Motor Vehicles Act, and meets with an accident, the same may be a ground for contributory negligence. However, it was stated that when a person who met with an accident is dead, and it is alleged that he was drunk, his heirs cannot be deprived of compensation since the deceased was the only person who could defend his case.
Regarding NIACL’s plea that the motorcycle did not have a valid insurance, the Court opined that there was no contract between the owner and the insurance company, but a contract did exist between the insurance company and the owner of the offending vehicle. Thus, a breach of policy can only be raised where there is a contract of insurance.
Further, the Court noted that some vehicles lack valid insurance policies and stated that when insurance companies discover a vehicle whose policy has expired and not been renewed despite reminders, they must inform the Transport Authorities, as this issue involves public interest and safety.
The Court held that the Trial Court was not unreasonable in considering the victim’s income as Rs. 5000/- per month, as the claimants failed to prove the income by examining the employer; hence, no infirmity was found in the judgment and award passed by the Trial Court.
Thus, the impugned judgment was affirmed, and the appeal was dismissed.
Appearances:
For Appellant – Mr. Radeept Bhattacharya
For Respondent – Mr. Amit Ranjan Roy
