Case Note & Summary
The case arises from a motor accident claim filed by the legal heirs of Hanumant Yadav, who died in a vehicular accident on 28.12.2009. The deceased was crossing the Mumbai-Pune National Highway near Pimpri when he was hit by a car bearing registration No. MH-14-BK-6156 owned by Sunil S. Sahani and insured by The New India Assurance Co. Ltd. The Motor Accident Claims Tribunal awarded Rs. 8,72,000 as compensation to the claimants, holding the driver of the car solely negligent. The insurance company appealed, contending that the deceased was contributory negligent as he crossed the highway without observing traffic. The High Court examined the evidence, including the FIR and spot panchnama, and found that the deceased had crossed the highway from a place not designated for pedestrians and failed to look for oncoming traffic. The court held that the deceased was 50% contributory negligent. Consequently, the compensation was reduced to Rs. 4,36,000. The court also directed that the awarded amount be paid with interest at 7.5% per annum from the date of the claim petition. The appeal was partly allowed, and the civil applications were disposed of.
Headnote
A) Motor Accident Claims - Contributory Negligence - Pedestrian Crossing Highway - Deceased pedestrian crossed a national highway without taking adequate care and was hit by a car - Held that the deceased was 50% contributory negligent, and compensation reduced proportionately (Paras 6-10).
Issue of Consideration
Whether the deceased pedestrian was guilty of contributory negligence and whether the compensation awarded by the Tribunal should be reduced accordingly.
Final Decision
Appeal partly allowed. Compensation reduced from Rs. 8,72,000 to Rs. 4,36,000. The insurance company to pay the reduced amount with interest at 7.5% per annum from the date of claim petition. Civil applications disposed of.
Law Points
- Contributory negligence
- pedestrian crossing highway
- duty of care
- apportionment of liability
- Motor Vehicles Act
- 1988
