Summary
The Court upheld enhanced motor-accident compensation of Rs.1,85,08,832 and rejected the insurer’s challenge to negligence and income findings. Unrebutted eyewitness testimony established that the van ahead had suddenly turned right without signalling; the contrary FIR account did not outweigh the evidence before the Tribunal. Negligence depended on the particular facts rather than a fixed rule for rear-end collisions. The High Court correctly used Form 16 income and applied future prospects, multiplier and conventional heads. The deposit with accrued interest was to be released and the balance paid within two months.
Issues
- Whether the FIR account justified contributory negligence despite contrary unrebutted eyewitness evidence before the Tribunal.
- Whether the enhanced compensation rested on adequate evidence of income and correct computation.
Held
- Categorical testimony of the car occupant and another eyewitness established an unsignalled sudden right turn by the van. Its driver was not examined in rebuttal. The High Court correctly attributed the accident solely to the van driver; evidence recorded before the Tribunal deserved weight over the inconsistent FIR account. (¶¶ 4, 8)
- Negligence cannot be determined by a straitjacket formula. A precedent involving failure to maintain distance from a vehicle ahead did not control these different facts; the cited decision concerning proof of negligence and use of an FIR likewise did not displace the evidence here. (¶¶ 6, 8)
- The High Court properly adopted annual income of Rs.12,29,949 from Form 16 for the preceding financial year, rather than accepting the larger monthly income claimed. Future prospects, multiplier and conventional amounts were consistent with Sarla Verma and Pranay Sethi. (¶ 9)
- The insurer’s appeal was dismissed without costs. The Rs.25 lakh interim deposit was to be released with accrued interest, and the remaining amount paid within two months. (¶¶ 9, 10)
Result
Appeal dismissed without costs. Enhanced compensation upheld; interim deposit with accrued interest to be released and balance paid within two months.