Compensation For Accident Can't Be Denied Merely Because Claimant Was Driving "Jugaad" Vehicle Without Registration: Punjab & Haryana HC

The Punjab and Haryana High Court has stated that merely because the claimant was driving a 'jugaad' vehicle (car without registration), compensation under the Motor Vehicles Act cannot be denied without proving his fault.

The case dates back to 1993, when Bijender Singh, while driving a car without registration, met with an accident as a U.P Roadways bus collided with his vehicle. Singh's right leg was crushed and had to be amputated leaving him crippled and disabled to the extent of 50%.

Justice Pankaj Jain said, "It has come on record that the claimant as well as his brother were travelling only at the speed of 20 Kilometre per hour when they were hit by the offending vehicle which was being driven at a very high speed. Merely for the reason that the claimant was driving a Jugaad vehicle without there being any overt act attributable which led to cause of accident, the Tribunal ought not have held the appellant negligent."

Singh was aggrieved by the award passed by the Motor Accidents Claims Tribunal in 1994 whereby he was awarded compensation to the tune of Rs.62,564 in the claim petition filed under Section 166, 140 of the Motor Vehicles Act, 1988.

The Tribunal found that the accident had taken place because of contributory negligence of the petitioner himself as well as of the bus driver, so in such a case the petitioner would be entitled only for half of the total compensation amount of Rs.Rs.62,564 to be recovered from the driver and owner of the U.P. Roadways.

Counsel for the appellant challenged the findings recorded by the Tribunal on two grounds. Firstly, that the fact of the offending vehicle being the solitary cause of accident, was fully proved and that the same was also incorporated in the FIR.

"FIR was proved on record, yet the appellant has been held contributory negligent merely for the reason that he was driving Jugaad i.e. the vehicle without any registration. He further submits that nothing has been paid on account of future prospects. Multiplier of 15 was applied despite the fact that it was proved on record that the claimant was aged 22 years at the time of accident. Nothing has been paid for pain & suffering, special diet, attendant charges and future medical expenses," he added.

Opposing the plea, the respondent submitted that "claimant himself was negligent driving an unsafe unregistered Jugaad vehicle. Tribunal has thus rightly held him negligent and contributor to the accident to the extent of 50%."

Considering that merely for the reason that the claimant was driving a Jugaad vehicle without there being any overt act attributable which led to cause of accident, the Tribunal ought not have held the appellant negligent, the Court enhanced the compensation.

Consequently, the Court enhanced Rs. 3.5 lakh from Rs. 62.5 thousand and said that, "for future, the respondents shall be liable to pay interest @ 9% per annum from the date of award till the date of actual realization on the enhanced compensation."

Mr. Varun Parkash, Advocate for the appellant.

Mr. Sandeep Kotla, Advocate for the respondents.

Title: BIJENDER SINGH v. RAJ KUMAR AND ORS

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