Suhagrani vs. Manager, Cholamandalam MS General Insurance Co. Ltd. 2025 INSC 837
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Motor Accident Compensation - Witness was pillion rider of the deceased - SC observed: Non-filing of the complaint immediately after the occurrence of the accident by her would not be fatal particularly when the near and dear of the claimants were in trauma and were attending to the immediate requirement of medical attention to the deceased. (Para 10)
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Background
- The appellants (claimants) are the family of Mr. Nathuram Ahirwar, who died following a road accident on 24.09.2021.
- The accident involved a mini-truck (Ape pick-up vehicle, registration MP 04 GB 5604) allegedly hitting the deceased’s motorcycle from behind.
- The claimants sought compensation of ₹1,88,08,448 under Section 166 of the Motor Vehicles Act.
Tribunal and High Court Proceedings
- The Motor Accident Claims Tribunal (MACT), Deori, District Sagar (M.P.), awarded ₹12,43,324 with 6% interest to the claimants.
- The insurance company appealed, and the High Court of Madhya Pradesh set aside the MACT’s award, dismissing the claim petition.
Supreme Court Findings
- The Supreme Court found that the High Court erred in dismissing the claim, especially by giving undue weight to a disputed police statement and ignoring key evidence, including the wife’s eyewitness account and the chargesheet against the truck driver.
- The Court restored the MACT’s compensation award, affirming it as just and reasonable.
- The Court modified the apportionment: 85% of the compensation to the wife, and the remaining 15% divided equally among the other claimants (children).
Final Order
- The appeal was allowed in part.
- The compensation awarded by the MACT was affirmed, with a modified apportionment among the claimants.
- No order as to costs.