Summary
The Supreme Court restored the Tribunal’s fatal-accident award against the insurer and owner after rejecting the High Court’s selective reading of evidence about the deceased’s travel with agricultural goods. The unchallenged evidence showed that he accompanied his family’s produce for unloading and died on the return journey; the valid policy and Tribunal findings supported insurer liability. Enhancement was not considered because the claimants had not appealed or cross-objected on quantum, raised it below, or sought that relief in this appeal.
Issues
- Whether the High Court properly displaced the finding that the deceased travelled with his goods.
- Whether the insurer was obliged to satisfy the award.
- Whether compensation enhancement should be considered in the procedural circumstances.
Held
- The Tribunal assessed the eyewitness and family evidence together with the police records and insurer’s evidence. The deceased’s accompaniment of agricultural produce for unloading, followed by the return journey, was unchallenged. The High Court’s selective reading and sweeping contrary inference could not displace the Tribunal’s possible view. (¶¶ 6, 7, 8, 9, 10)
- Restoration of the finding about travel with goods, together with the valid insurance policy covering the accident, obliged the insurer to satisfy the award. The Court discussed pay and recover as an alternative assumption, but its actual conclusion rested on insurer liability on the facts found. (¶¶ 10, 11, 12)
- The claimants had neither appealed nor cross-objected against the quantum, and the High Court record showed no enhancement request. Their Supreme Court relief also sought only reversal of the insurer’s successful appeal. In this backdrop it was inappropriate to entertain the quantum argument. (¶ 13)
- The Tribunal’s Rs. 3,20,000 award was restored, including its six per cent interest for the specified periods rather than an unqualified continuous interest period. (¶¶ 2, 14, 15)
Result
Appeal allowed with costs; High Court judgment set aside and Tribunal award dated 21 January 2008 restored. Enhancement not considered. Award carries six per cent interest for 3 July 2001–29 April 2003 and from 11 July 2007 until realisation.