Case Note & Summary
The case arises from a motor accident claim filed by the parents of deceased Prashant Badwaik, who died in a motorcycle accident on 13/07/2006. The deceased was riding a motorcycle near Marar Toli Railway Gate when he applied sudden brakes to avoid a bicycle rider, causing the motorcycle to skid and resulting in fatal head injuries. The claimants, Suresh Badwaik and Usha Badwaik, sought compensation from the owner of the motorcycle (Santosh Ahuja) and the insurer (Oriental Insurance Co. Ltd.). The Motor Accident Claims Tribunal, Gondia, awarded Rs.3,69,500/- with interest at 7.5% per annum. The Insurance Company appealed, contending that the accident was solely due to the deceased's negligence. The High Court examined the evidence and found that the deceased was riding at a high speed and failed to control his vehicle, contributing to the accident. The court held that the deceased was guilty of contributory negligence to the extent of 50%, and accordingly reduced the compensation by 50%. The court upheld the Tribunal's assessment of the deceased's income as Rs.4000/- per month and the multiplier of 18, but modified the award to reflect the contributory negligence. The appeal was partly allowed, reducing the compensation to Rs.1,84,750/- with interest.
Headnote
A) Motor Accident Claims - Contributory Negligence - Apportionment of Liability - Deceased motorcyclist skidded while applying sudden brakes to avoid a bicycle rider, causing his own death - Held that the deceased was guilty of contributory negligence as he failed to control his vehicle, and liability was apportioned equally between the deceased and the bicycle rider (Paras 6-10). B) Motor Accident Claims - Compensation - Assessment of Income - Deceased aged 20 years, skilled Electronic Mechanic earning Rs.4000/- per month - Tribunal's assessment of income and multiplier upheld, but compensation reduced by 50% due to contributory negligence (Paras 11-15).
Issue of Consideration
Whether the deceased motorcyclist was guilty of contributory negligence and whether the compensation awarded by the Tribunal was excessive.
Final Decision
Appeal partly allowed. The compensation awarded by the Tribunal is reduced by 50% due to contributory negligence of the deceased. The Insurance Company is liable to pay Rs.1,84,750/- with interest at 7.5% per annum from the date of filing of the claim petition till realization.
Law Points
- Contributory negligence
- Motor accident compensation
- Apportionment of liability
- Negligence in driving
- Assessment of compensation
