Bajaj Allianz General Insurance Co. Ltd. ordered to pay increased compensation for fatal accident caused by unauthorized parking.
In a significant ruling, the Calcutta High Court, presided over by Justice Biswaroop Chowdhury, has upheld the negligence findings against the driver and owner of a vehicle involved in a fatal accident due to unauthorized parking on a highway. The court also enhanced the compensation awarded to the victims' families, emphasizing the value of the contributions made by a deceased housewife.
The case involved a tragic accident on April 16, 2022, where a vehicle, illegally parked in the middle of NH-6, led to a collision that resulted in the deaths of Barnali Samanta Nandi, her husband Shamit Samanta, and their elder daughter. The younger daughter, Saanvi Samanta, survived with severe injuries. The vehicle in question, bearing registration No. WB-33/5717, was found to have been negligently parked, causing the accident.
The court rejected the insurance company's argument that the stationary nature of the parked vehicle absolved it of liability. Justice Chowdhury highlighted that parking on a highway without proper signals or authorization constitutes negligence, aligning with the police charge sheet that cited the illegal parking as the cause of the accident.
In addressing the compensation, the court recognized the invaluable contributions of a housewife to her family, citing the Supreme Court's observations in similar cases. The notional income of the deceased housewife was reassessed, and her family's compensation was increased from Rs. 9,17,000 to Rs. 11,00,000.
For the deceased breadwinner, Shamit Samanta, the court affirmed the trial court's compensation award of Rs. 2,10,79,100. Despite the insurance company's challenge, the court found the award reasonable, taking into account the victim's income and the principles established in the case of National Insurance Company Ltd. v. Pronay Sethi.
The judgment reiterates the judiciary's stance on ensuring just compensation for victims of negligence and highlights the critical need for responsible vehicle parking practices. Bajaj Allianz General Insurance Co. Ltd. has been directed to deposit the enhanced compensation amounts within eight weeks.
Bottom Line:
Motor Accident Claims - Parking negligence as a cause of accident - Compensation for gratuitous services of a housewife - Determination of quantum of compensation.
Statutory provision(s): Motor Vehicles Act Sections 140, 166
Bajaj Allianz General Insurance Co. Ltd. v. Saanvi Samanta, (Calcutta) : Law Finder Doc id # 2919763
