Case Note & Summary
The appeal was filed by the Managing Director of BMTC (Bangalore Metropolitan Transport Corporation) challenging the judgment and award dated 01.04.2024 passed by the Motor Accident Claims Tribunal, Bengaluru in MVC No.4812/2023. The Tribunal had awarded Rs.21,69,000/- with interest at 6% p.a. to the respondents, who are the legal representatives of the deceased Siddappa, who died in a road traffic accident involving a BMTC bus (KA-15-F-2652). The appellant raised two main grounds: (1) the multiplier applied was wrong, and (2) the Tribunal failed to consider contributory negligence. The respondents, represented by their counsel, argued that the multiplier was correctly applied and that there was no evidence of contributory negligence. The High Court, after hearing both sides, held that the multiplier of 18 applied by the Tribunal for a deceased aged 25 years was correct as per the settled law in Sarla Verma v. DTC. However, the Tribunal erred in not deducting 1/3rd towards personal expenses of the deceased. The High Court recalculated the loss of dependency by deducting 1/3rd, reducing the compensation by Rs.1,08,000/-. Regarding contributory negligence, the Court noted that the appellant failed to produce any evidence to show that the deceased was negligent. The mere fact that the deceased was on the footboard of the bus does not automatically prove contributory negligence. The Tribunal's finding that the accident occurred due to the rash and negligent driving of the bus driver was upheld. Consequently, the appeal was partly allowed, and the compensation was reduced to Rs.20,61,000/- with interest at 6% p.a. The appellant was directed to deposit the modified amount within four weeks.
Headnote
A) Motor Accident Claims - Multiplier - Loss of Dependency - The Tribunal applied multiplier 18 for a deceased aged 25 years, which is correct as per Sarla Verma v. DTC. However, the Tribunal failed to deduct 1/3rd towards personal expenses of the deceased, which is mandatory. The High Court reduced the compensation by deducting 1/3rd, resulting in a reduction of Rs.1,08,000/-. (Paras 5-7) B) Motor Accident Claims - Contributory Negligence - The appellant alleged contributory negligence as the deceased was on the footboard of the bus. The Tribunal did not consider this aspect. The High Court held that mere presence on the footboard does not prove contributory negligence without evidence of negligence by the deceased. The finding of the Tribunal that the accident occurred due to rash and negligent driving of the bus driver was upheld. (Paras 8-10) C) Motor Accident Claims - Compensation - Interest - The High Court modified the award, reducing the compensation from Rs.21,69,000/- to Rs.20,61,000/- with interest at 6% p.a. from the date of petition till realization. The appellant was directed to deposit the modified amount within four weeks. (Para 11)
Issue of Consideration
Whether the Tribunal erred in applying the multiplier and in not considering contributory negligence while awarding compensation under the Motor Vehicles Act, 1988.
Final Decision
The appeal is partly allowed. The compensation awarded by the Tribunal is reduced from Rs.21,69,000/- to Rs.20,61,000/- with interest at 6% p.a. from the date of petition till realization. The appellant is directed to deposit the modified amount within four weeks.
Law Points
- Motor Accident Claims
- Multiplier
- Contributory Negligence
- Loss of Dependency
- Personal Expenses Deduction
