Motor Accident Compensation Claim
Judgment dated 5.7.2023 of the High Court of Bombay Motor Accident Compensation Claim – Acquittal of driver in criminal case not binding on Tribunal – Allowances paid to employee cannot be deducted from computation of compensation
Death of Kashinath in the accident of 21.2.2015 while travelling on motor cycle dashed by the offending ST Bus on Mumbai – Goa Highway.
Claim petition for Rs.50 lakhs. The Tribunal awarded Rs.18,91,600/- taking into consideration salary and also allowances.
In Appeal, the contentions of the ST Corporation were that the driver of offending bus was acquitted by the criminal court, there was the contributory negligence and that the Tribunal erred in considering allowances for compensation.
HELD that the acquittal judgment is not binding on the Tribunal, it has to decide on the basis of evidence before it, the FIR, spot & inquest panchanama & the postmortem report suggested that that the accident took place because of rash and negligent driving of bus driver, in his cross-examination bus driver confirmed the contents of FIR and the spot panchanama, their correctness was not challenged by the driver, none of the documents in and around the accident date support the version of the driver of offending bus and the departmental inquiry was conducted against the said driver by ST Corporation for the said accident.
Allowances of conveyance, washing and special shown in the pay slip of the deceased cannot be deducted while computing compensation.
The Appeal was dismissed.
First Appeal No.371 of 2022 – The Maharashtra State Road Transport Corporation Vs. Mina Kashinath Zanje and another.
