Bengaluru: The Dharwad bench of the high court has directed the owner of an ambulance to bear 50 per cent of compensation to accident victims, observing that not holding a proper driving license exonerates the liability of the insurance company as it is a fundamental breach. The court also enhanced the compensation to three victims.
Several people were injured in the accident that took place on May 29, 2010, when the ambulance collided with a maxi cab on National Highway 7 near Jogimatti. The ambulance driver was charged with driving on the wrong side of the road.
On April 18, 2012, the Motor Accident Claims Tribunal, Honnavar, awarded Rs 10.5 lakh as compensation to the nine injured victims. The compensation was directed to be equally shared by the insurance company of the ambulance and the insurance company of the maxicab.
The insurer of both vehicles challenged the order contending that as of the date of the accident, the ambulance driver did not possess an effective driving licence. Three victims filed separate appeals, seeking enhancement of the compensation.
The high court noted that though the tribunal had assigned proper reasons that some amount of contributory negligence was also on the part of the driver of the maxi cab as he should have paved the way for the easy movement of the ambulance, it had ignored the fundamental breach.
“What has been ignored by the tribunal in the whole process is that as per the evidence, the driver of the ambulance did not have an effective driving licence as on the date of accident inasmuch as his licence got expired on April 24, 2010, and same should have been renewed within a period of 30 days. The actual date of renewal is May 31, 2010. Therefore, not holding the proper driving license exonerates the liability of the insurance company as it is a fundamental breach,” Justice V Shrishananda said, also ordering enhanced compensation of Rs 1,55,000, to three of the victims.
Published 02 March 2024, 23:29 IST