Car-bus crash not ‘act of God’, says HC, junks tribunal order | India News – Times of India

 Car-bus crash not ‘act of God’, says HC, junks tribunal order | India News - Times of India

MUMBAI: Setting aside the nearly two-decade-old MATC order, Bombay High Court Recently it was said that the 1997 collision between a car and an ST bus was no accident.Act of God‘, directing the insurance company and MSRTC to pay a compensation of more than Rs 20 lakh each to the three remaining family members of the car owner, Rajesh Sejpal, who died during the pendency of his appeal. were gone
In its April 4 order, a division bench of Justice AS Chandurkar and Justice Jitendra Jain said that ‘act of God’ would mean something beyond the control of man, but there was no anomaly like foggy weather in this case. . The collision was in the middle of the road. “Therefore, this cannot be a case of act of God and the principle of rescission applied by the tribunal is incorrect,” the bench said. The Motor Accident Claims Tribunal in 2005 ruled out any driver’s negligence through a “process of elimination” and attributed the accident to an ‘act of God’.
The truth is that when two cars collide, it cannot be said that neither driver was negligent. High Court “The negligence must be on the part of one or both the drivers. Hence, the reasoning adopted by the tribunal cannot stand,” he added. A Maharashtra State Road Transport Corporation bus collided with a car on November 14, 1997 at around 5.15 pm with four people on board. Sage Pal, the owner of the car, was initially taken to Sion Hospital and later shifted to PD Hinduja Hospital where he was admitted for more than five-and-a-half months. In 2000, he was readmitted for injuries sustained in the accident, but since his discharge from the hospital in 1998, he remained bedridden until his death. Sejpal had sought Rs 10 crore as compensation before the tribunal, which rejected his claim in 2005. He then challenged it before the High Court. The High Court has now held that it was 50:50 negligence on the part of the drivers of both the vehicles.
The High Court also noted that separate claims were filed by the four motorists. In 2010, the Claims Tribunal awarded a compensation of Rs 1.5 lakh saying it was a case of gross negligence, but this was challenged in the High Court by the New India Assurance Company. which in 2013 upheld it as a case of gross negligence on the part of the drivers of both vehicles with each contributing 50%.
The court also noted that Sage Pal’s gross salary was Rs 2 lakh/annum, thus taking into account the trend of reduction in tax rates by successive governments to calculate his remuneration. The court also observed that Sagepal had sustained severe injuries which eventually led to his death after suffering for about 4 to 5 years. The judges said, “On the facts of the present case it would not be appropriate to call for strict proof of these expenses, therefore, on approximate basis, though the total amount of the said expenses is Rs. 12,44,000, we suggest.” 10 lakhs for that.”

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