2006 (3) TMI 739 - SC - Indian Laws

Whether the order of the High Court dismissing the claimants appeal for enhancement of the amount of compensation valid? Whether writ petition filed by the Insurance Company was not maintainable against the order of the MACT awarding interest at the rate of 10% per annum on the amount of compensation from the date of the institution of the claim petition till the date of payment?

Summary

Issues Involved:
1. Enhancement of compensation awarded by the Motor Accident Claims Tribunal (MACT).
2. Apportionment of liability for the accident.
3. Rate of interest awarded on the compensation amount.
4. Maintainability of the writ petition filed by the Insurance Company challenging the award of interest.

Detailed Analysis:

1. Enhancement of Compensation Awarded by the MACT:
The claimants sought an enhancement of the compensation awarded by the MACT, arguing that the future prospects of the deceased, who was a Science Graduate and earning Rs. 4,000 per month, were not adequately considered. They contended that the deceased would have earned Rs. 8,000 to Rs. 10,000 per month if he had not died in the accident. However, the court found no cogent and reliable evidence supporting the claim of future income prospects. The MACT had calculated the compensation based on the deceased's earnings at the time of the accident, deducting personal expenses, and applying a multiplier of 12 considering the ages of the claimants. The total compensation was determined to be Rs. 3,53,600, with the insurer liable for 50% due to contributory negligence. The court upheld the MACT's calculation, deeming it just and reasonable, and dismissed the appeal for enhancement.

2. Apportionment of Liability for the Accident:
The claimants contended that the High Court erred in accepting the MACT's finding of contributory negligence, which apportioned liability equally between the deceased and the bus driver. The evidence showed that the accident was a head-on collision, and the court agreed with the MACT's reasoning that both drivers contributed equally to the accident. The MACT's finding was based on the testimony of a witness who was in the car and the nature of the collision. The court found no reason to disagree with the MACT's well-reasoned order on this point.

3. Rate of Interest Awarded on the Compensation Amount:
The claimants argued that the interest rate of 10% per annum awarded by the MACT was inadequate and should have been 18% per annum. The court noted that the award of interest is a discretionary relief granted by the MACT. The court found the discretion exercised by the MACT to be appropriate and did not find the interest rate of 10% per annum to be inadequate or inappropriate. Therefore, the plea for a higher interest rate was dismissed.

4. Maintainability of the Writ Petition Filed by the Insurance Company:
The Insurance Company filed a writ petition challenging the award of interest on the compensation amount, arguing that it should only be liable for interest from the date it appeared before the MACT. The High Court accepted this contention and modified the award, limiting the interest period to two years. The claimants appealed, arguing that the writ petition was not maintainable as the Insurance Company had not obtained the right to contest the proceedings on merit under Section 170 of the Motor Vehicles Act, 1988. The Supreme Court agreed with the claimants, citing the decision in Sadhana Lodh v. National Insurance Co. Ltd., which held that an insurer has limited grounds to challenge an award and cannot file a writ petition under Articles 226/227 of the Constitution if it has a statutory remedy. Consequently, the writ petition was deemed not maintainable, and the award of the MACT, including the interest from the date of filing the claim petition, was upheld.

Conclusion:
The Supreme Court dismissed the appeal for enhancement of compensation, upheld the apportionment of liability, and found the interest rate awarded by the MACT to be appropriate. The writ petition filed by the Insurance Company was declared not maintainable, and the original award of the MACT, including the interest, was restored.