Motor Accident – Head-on collision of S.T.Bus and Maruti Car – Tribunal held as an “act of God” by applying elimination process of negligence of both drivers
On 14.11.1997, the maruti car driven by the original claimant Rajesh with three other occupants met with dash of the bus owned by the Maharashtra State Road Transport Corporation. Rajesh and all co-passengers suffered injuries. Four separate claims were filed.
In three claims petitions of three co-passengers of the maruti car, compensation was awarded on the ground of composite negligence. The Insurance company had accepted the said findings and the orders.
By the judgment dated 28.1.2005, the Motor Accident Claims Tribunal dismissed the Application for Compensation for the death of deceased Rajesh in the accident of two vehicles – car and bus. It was held that drivers of both the vehicles were not negligent and by applying elimination process, the accident occurred by act of God.
HELD that there was head on collision between S.T. bus and Maruti Car and therefore, it cannot be said that neither or either of them was negligent. The negligence has to be on the part of one or both the drivers. An act of God would mean, something which is not in the control of the human being, whereas, in the present case, there has been admittedly head on collision between two vehicles driven by the drivers when there is no averment on weather being foggy or other wise. Therefore, it cannot be a case of an act of God and the principle of elimination applied by the Tribunal is erroneous. Therefore, the reasoning adopted by the Tribunal cannot be sustained.
Judgment dated 4.4.2024 in First Appeal No.1679 of 2005 in M.A.C.T. Application No.845 of 1998 of Rajesh Shantilal Sejpal and others Vs. Maharashtra State Road Transport Corporation AND Raghunandan Das Mathur AND The New India Assurance Co. Ltd.
