Case Note & Summary
The case arises from a motor accident claim filed by the legal heirs of deceased Sayyed Imran, who died in a road accident on 5th May 2016. The deceased was a pillion rider on a motorcycle when a truck (MH-17-AG-8406) dashed the motorcycle from behind. The claimants (respondents 1-7) sought compensation from the truck owner, driver, and insurer (appellant). The Motor Accident Claims Tribunal, Jalna, awarded compensation of Rs. 14,72,000/- with interest, holding the truck driver solely negligent. The insurance company appealed, arguing contributory negligence of the deceased and excessive compensation. The High Court analyzed the evidence, including the FIR and spot panchnama, and found that the pillion rider failed to exercise reasonable care, contributing to the accident. The court apportioned contributory negligence at 50% each for the truck driver and the deceased pillion rider. Consequently, the compensation was reduced by 50% to Rs. 7,36,000/-. The court also upheld the multiplier of 18 as per Sarla Verma v. DTC. The appeal was partly allowed, modifying the award.
Headnote
A) Motor Accident Claims - Contributory Negligence - Apportionment of Liability - Section 166 Motor Vehicles Act, 1988 - The deceased pillion rider was proceeding on a motorcycle which was dashed by a truck from behind. The Tribunal held the truck driver solely negligent. The High Court found that the pillion rider failed to exercise reasonable care and caution, and thus contributed to the accident. Held that contributory negligence of the deceased pillion rider should be assessed at 50% and compensation reduced accordingly. (Paras 1-10)
B) Motor Accident Claims - Compensation - Quantum - Multiplier - The Tribunal applied multiplier of 18 based on age of deceased (22 years). The High Court upheld the multiplier as per Sarla Verma v. DTC. However, due to contributory negligence, the compensation amount was reduced by 50%. (Paras 11-15)
Issue of Consideration
Whether the Motor Accident Claims Tribunal erred in not considering contributory negligence of the deceased pillion rider and in awarding excessive compensation.
Final Decision
The appeal is partly allowed. The judgment and award of the Motor Accident Claims Tribunal, Jalna, is modified. The contributory negligence of the deceased pillion rider is assessed at 50%. The compensation amount is reduced to Rs. 7,36,000/- (from Rs. 14,72,000/-). The insurance company is directed to pay the reduced amount with interest at 7.5% per annum from the date of claim petition till realization. The award is modified accordingly.
Law Points
- Contributory negligence
- Motor Accident Claims
- Apportionment of liability
- Section 166 Motor Vehicles Act
- 1988
Case Details
2022 LawText (BOM) (08) 46
FIRST APPEAL NO. 1027 OF 2022
The Branch Manager, Cholamandalam M.S. General Insurance Co. Ltd.
Khajabi W/o Ishaq Sayyed & Ors.
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Nature of Litigation
First appeal against judgment and award of Motor Accident Claims Tribunal, Jalna, in a claim petition under Section 166 of Motor Vehicles Act, 1988.
Remedy Sought
The appellant insurance company sought reduction of compensation awarded to the claimants on grounds of contributory negligence of the deceased and excessive quantum.
Filing Reason
The insurance company was aggrieved by the Tribunal's award holding the truck driver solely negligent and awarding Rs. 14,72,000/- as compensation.
Previous Decisions
The Motor Accident Claims Tribunal, Jalna, passed an award in favour of the claimants, holding the truck driver negligent and directing the insurance company to pay compensation.
Issues
Whether the deceased pillion rider was contributorily negligent in the accident?
Whether the compensation awarded by the Tribunal is excessive?
Submissions/Arguments
Appellant argued that the accident occurred due to negligence of both the truck driver and the deceased pillion rider, and the Tribunal erred in not considering contributory negligence.
Respondents/claimants argued that the truck driver was solely negligent and the compensation awarded was just and proper.
Ratio Decidendi
A pillion rider on a motorcycle is expected to exercise reasonable care and caution. If the pillion rider fails to do so and contributes to the accident, contributory negligence can be attributed. In this case, the deceased pillion rider did not take adequate precautions while riding on a motorcycle on a highway, and thus contributed 50% to the accident. Compensation must be reduced proportionately.
Judgment Excerpts
Being aggrieved and dissatisfied by the Judgment and award passed by the Member, Motor Accident Claim Tribunal, Jalna, the appellant (original respondent No.2) i.e. Insurance Company has preferred this appeal.
On 5th May, 2016 deceased Sayyed Imran was proceeding on Jalna to Ambad road on motor-cycle bearing registration No. MH-21-AA-2887 as a pillion rider.
The Tribunal held that the accident occurred due to rash and negligent driving of the truck driver and awarded compensation of Rs.14,72,000/-.
The pillion rider also failed to exercise reasonable care and caution while riding on the motorcycle. Therefore, contributory negligence of the deceased pillion rider is assessed at 50%.
The compensation amount is reduced to Rs.7,36,000/-.
Procedural History
The claimants filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 before the Motor Accident Claims Tribunal, Jalna. The Tribunal passed an award on an unspecified date. The insurance company, being aggrieved, filed the present first appeal before the Bombay High Court, Bench at Aurangabad.
Acts & Sections
- Motor Vehicles Act, 1988: Section 166
