INDRADHWAJ RAWATE Vs. PUSHAI BAI

JUDGEMENT

(1.) Fixation of contributory negligence to an extent of 50% on the Appellant / Rider of the offending Motorcycle and the exoneration of the Insurance Company from satisfying the claim in respect of the deceased, rider of a Scooty which was knocked down by the Appellant, on the strength that the Appellant had consumed alcohol while riding the Motorcycle and hence there was clear violation of statutory / policy conditions, is the subject matter for consideration in this appeal preferred by the Owner / Rider of the offending Motorcycle.

(2.) The case of the Appellant is that, on 07.03.2020 he was proceeding on his Motorcycle (Hero Honda) bearing No.CG08/A/9467 and when he reached the place of occurrence, the Scooty bearing No. CG08/N/4837, ridden by the deceased (who had also consumed alcohol as revealed from the postmortem certificate), collided against each other causing fatal injuries leading to the death of the deceased. This was sought to be compensated by filing a Claim Petition against the Appellant and also the Insurer of his Motorcycle by the widow and children of the deceased.

(3.) The claim was resisted by the Appellant on different grounds, attributing negligence solely on the part of the deceased rider of the Scooty. The 6th Respondent-Insurance Company (insurer of the Motorcycle of the Appellant) contended that the Appellant was riding the Motorcycle after consuming alcohol at the relevant time and hence there was clear violation of the statutory/policy conditions and under such circumstances, the Insurer was not liable to satisfy the claim. After hearing both the sides, the Tribunal arrived at a finding that the accident was because of the negligence on the part of both the deceased rider (who was riding the Scooty) and the Appellant (who was riding the Motorcycle) in an equal proportion. The total compensation payable was worked out as Rs. 4,56,000/-. By virtue of the contributory negligence on the part of the deceased, only an amount of Rs.2,28,000/- (50%) alone was directed to be satisfied with interest @ 6% per annum from the date of filing of the claim petition till the date of satisfaction. The Insurance Company was exonerated for the violation of the statutory / policy conditions and the liability was mulcted upon the shoulders of the Appellant and hence the challenge in this appeal.