Case Note & Summary
The case arises from a motor accident on 13.04.2012 when a bus owned by M/s. Kadamba Transport Corporation Ltd. (appellant) and driven by respondent no.1 Satendra Dessai hit a scooter driven by the deceased Minguel Mariano Fernandes, who died from injuries. The claimant, wife of the deceased, filed a claim petition seeking Rs.12,65,000/- compensation. The Motor Accident Claims Tribunal, Margao, awarded Rs.7,89,000/- with 9% interest, holding the bus driver rash and negligent and apportioning 50% contributory negligence on the deceased. The appellant (KTC) challenged the award, arguing the driver was not at fault and the compensation was exorbitant. The High Court examined the evidence, including the panchanama showing the scooter on the wrong side, and upheld the finding of contributory negligence at 50%. However, it found the multiplier of 13 applied by the Tribunal incorrect as per Sarla Verma v. DTC, since the deceased was 74 years old, and reduced it to 7. The court also upheld the deduction of 1/3rd for personal expenses. Consequently, the compensation was recalculated: monthly income Rs.6,000 (notional), annual income Rs.72,000, less 1/3rd personal expenses = Rs.48,000, multiplied by 7 = Rs.3,36,000, plus Rs.25,000 for loss of consortium and Rs.5,000 for funeral expenses, total Rs.3,66,000. The appeal was partly allowed, reducing the award from Rs.7,89,000 to Rs.3,66,000 with 9% interest from the date of petition.
Headnote
A) Motor Accident Claims - Contributory Negligence - Apportionment of Fault - Motor Vehicles Act, 1988, Sections 166, 168 - Deceased scooterist aged 74 suddenly turned to wrong side and was hit by bus from behind - Tribunal held 50% contributory negligence - High Court upheld finding of contributory negligence but modified apportionment to 50% each, noting that both parties contributed equally to the accident (Paras 6-10). B) Motor Accident Claims - Compensation - Multiplier - Motor Vehicles Act, 1988, Section 168 - Deceased aged 74 years - Tribunal applied multiplier of 13 based on Sarla Verma v. DTC - High Court held that multiplier should be based on age of deceased, not claimant, and reduced multiplier to 7 as per Sarla Verma (Paras 11-13). C) Motor Accident Claims - Quantum of Compensation - Deduction for Personal Expenses - Motor Vehicles Act, 1988, Section 168 - Deceased aged 74, claimant wife aged 60 - Tribunal deducted 1/3rd for personal expenses - High Court upheld deduction of 1/3rd as per standard practice (Para 14).
Issue of Consideration
Whether the Tribunal erred in holding the bus driver rash and negligent and in assessing contributory negligence at 50%; whether the compensation awarded was exorbitant.
Final Decision
Appeal partly allowed. The impugned award is modified reducing compensation from Rs.7,89,000 to Rs.3,66,000 with interest at 9% per annum from the date of petition till realization. The appellant is directed to deposit the reduced amount within eight weeks.
Law Points
- Contributory negligence
- Motor accident compensation
- Multiplier based on age
- Rash and negligent driving
- Standard of proof in MACT cases
