New India Assurance Co. Ltd. v. Soudabi and Others
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- K. Vinod Chandran
- Judgment Date
- 2019-02-13
- Court Decision / Holding
- The appeal will stand rejected.
- Final Disposition
- The appeal will stand rejected.
Parties to the Case
Appellants / Petitioners
- New India Assurance Co. Ltd.
Respondents
- Soudabi, Melamkunthuthu House, Neeleswaram, Thazhekode Village, Koduvllly via, Kozhikode
- Muhammed Shameel, S/O Shoukathali, minor represented by mother Soudabi, Melamkunaththu House, Neeleswaram, Thazhekode Village, Koduvllly via, Kozhikode
- Muhammed Shadil, S/O Shoukathali, minor represented by mother Soudabi, Melamkunaththu House, Neeleswaram, Thazhekode Village, Koduvllly via, Kozhikode
- Sainabha, M/O Late Shoukahli, Melamkunnathu House, Neeleswaram, Thazhekode Village, Koduvllly via, Kozhikode
- P.V.Moideen Koya, S/O Mammed Koya, H.No.4/1318, Uppath House, Vellyil, Kozhikode
- Muhammed Nowfal, S/O.Ahammad Maliyatt House, Vellayil Post, Kozhikode
- The General Manager, K.S.R.T.C., Thiruvananthapuram
- C.Sugunan, S/O.Muthoran, Chungam House, Choolamvayal, Kunnamangalam, Kozhikode
Legal Representation & Advocates
Counsels for Petitioners
- • Sri A.A. Ziyad Rahman
Counsels for Respondents
- • Sri K.H. Asif
- • Sri P.C. Chacko, SC, K.S.R.T.C.
- • SMT.Kochumol Koduvath
- • Sri Babu Joseph Kuruvathazha, SC, K.S.R.T.C.
- • Sri B. Syed Mohammed
- • Sri C.A. Majeed
- • Sri Jacob Abraham
- • Sri Joy George, SC, K.S.R.T.C.
- • Sri P.B. Unnikrishnan Nair
- • Sri V.V. Nandagopal Nambiar, SC, K.S.R.T.C.
Case Synopsis & Summary
MACA.No.162 of 2010 arises from a motor accident claim in Kozhikode where the New India Assurance Company, insurer of the scooter, challenges an award of the Motor Accidents Claims Tribunal. The deceased, husband of the first claimant, died when the scooter toppled and was run over by a KSRTC bus, killing him instantly; two minor children and the grandmother were dependants. The claim petition sought damages against the insurer and others on the theory of negligence by the KSRTC bus driver. The insurer contends that the FIR named the KSRTC driver as the accused and the Scene Mahazar indicates negligence by the KSRTC bus, which allegedly came on the wrong side. It argues the Tribunal erred in attributing negligence to the scooter rider, relying on an eye-witness account that is inconsistent with the Scene Mahazar. It also invokes Jiju Kuruvilla v. Kunjunjamma Mohan (AIR 2013 SC 2293) to urge that, where the accused is named in the FIR, the Tribunal should not fix liability on another. The Tribunal, however, found negligence on the scooter rider. The High Court distinguished the cited decision on the unique facts and noted the Scene Mahazar cannot reveal the manner of driving at the moment of the accident, while the eye-witness account supported rider negligence. The appeal is rejected; no costs order; the Tribunal’s finding remains intact.
Submissions & Arguments
Contentions of Appellants / Petitioners
The insurer argues that the FIR naming the KSRTC bus driver and the Scene Mahazar indicating the bus’s negligence show the bus driver as primarily liable. It submits that the Tribunal wrongly attributed liability to the scooter rider based on an eye-witness account, which the Mahazar undermines due to its post-accident nature. Relying on Jiju Kuruvilla v. Kunjunjamma Mohan (AIR 2013 SC 2293), the insurer contends that where the driver is named in the FIR, the Tribunal should not fix negligence on another. The insurer also contends the Scene Mahazar’s scope is limited; it records the location and positions after the collision, not the manner in which the driver or rider operated the vehicles. It argues that the documentary evidence and the FIR indicate the KSRTC bus may have contributed to the accident, and that the Tribunal’s emphasis on the eyewitness over the Mahazar contravenes settled principle. Therefore, the insurer requests reversal of the Tribunal’s finding on liability and thus reduction of liability on the insurer, or at least a remand with proper consideration of the bus driver’s role.
Contentions of Respondents
The respondents argue that the scooter rider was negligent, as the evidence before the Tribunal showed overtaking and loss of control leading to the accident. They rely on the eye-witness PW1’s deposition and the Scene Mahazar indicating the scooter rider’s role, along with the KSRTC bus lying on the wrong side after the collision. They contend the cross-examination did not negate the essential facts of the overtake. They argue that the FIR naming the bus driver does not automatically preclude negligence on the scooter rider, because the FIR reflects only one of several possible causal factors; they assert the credibility of the eyewitness and uphold the Tribunal’s reasoning. They maintain that the bus driver’s involvement did not absolve the scooter rider of fault and that the insurer’s challenge cannot override the proven facts; the Tribunal’s findings should be sustained and the appeal dismissed.
Cited Precedents (1)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| Jiju Kuruvilla v. Kunjunjamma Mohan | AIR 2013 SC 2293 | Distinguished | The court distinguished this decision on the facts, noting the case involved reliance on an eye-witness and Scene Mahazar where the accused was already named in the FIR; the present case’s circumstances differ, and the court found it inapplicable. |
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