National Insurance Co, driver to pay Rs 16 lakh compensation for mishap: Motor Accident Claims Tribunal

However, K V Poojari, appearing for the insurance company, contested the claim and said that the accident was the result of contributory negligence of the scooter and the autorickshaw and hence the insurance company was not liable to pay any compensation and the claim was also too high.

The owner of the autorickshaw did not appear and hence the case was decided ex-parte against him.

In his order, the judge refused to accept the submissions by the insurance company and observed that "in his cross examination the advocate of the insurance company was only asking questions whether the witness (Dilip Karia who was driving the scooter) was possessing driving license and gave suggestions that the autorickshaw driver was not in high speed and the witness was deposing false only in order to help his friend."

The judge also observed that the burden lies on the respondent to examine the autorickshaw driver but as they failed to examine him, adverse inference can be drawn against the respondent."

"There is no reason to disbelieve his (Karia's) version in absence of any evidence led by the respondent in rebuttal. So, by accepting the evidence lead by the witness and from the police papers on record, I have no hesitation to hold that the driver of autorickshaw was rash and negligent in absence of any proof on record," the judge said.

The respondent insurance company failed to prove that it is a case of contributory negligence, the tribunal held.

Calculating the compensation to be given to the family of

... contd.