Case Note & Summary
The case arises from a motor accident on 3 October 1986 near Shirdi Temple on Lasalgaon Road. The deceased, Admar Poojary, was driving a Fiat Car bearing registration No. MRF-5178 with four others towards Shirdi. A tempo bearing registration No. MWN-1483, driven by opponent no.2, came from the opposite direction and collided with the car. The deceased succumbed to injuries, and others were injured. The claimants, being the widow and minor children of the deceased, filed a claim petition before the Motor Accident Claims Tribunal, Ahmednagar, seeking compensation of Rs.4,00,000 from the owner and insurer of the tempo. The Tribunal, by award dated 13 December 1994, held the tempo driver solely negligent and awarded Rs.2,40,000 with interest at 12% per annum. The Insurance Company appealed, contending that the deceased was also negligent as he was driving on the wrong side of the road. The High Court examined the evidence, including the spot panchanama and FIR, which indicated that the car was on the wrong side. The Court found that both drivers were equally negligent and apportioned liability 50:50. On quantum, the Court assessed the deceased's monthly income at Rs.2500, deducted 1/3rd for personal expenses, applied a multiplier of 15, and calculated loss of dependency at Rs.2,16,000. After reducing by 50% for contributory negligence, the compensation was fixed at Rs.1,08,000. The Court also reduced the interest rate to 9% per annum from the date of petition. The appeal was partly allowed, modifying the award accordingly.
Headnote
A) Motor Accident Claims - Contributory Negligence - Apportionment of Liability - Deceased driver driving on wrong side of road - Both drivers equally negligent - Liability apportioned 50:50 - Motor Vehicles Act, 1939, Sections 110-A, 110-B - Held that where both vehicles contributed to accident, compensation must be reduced proportionately (Paras 5-8). B) Motor Accident Claims - Compensation - Quantum - Deceased aged 40 years, monthly income Rs.2500 - Multiplier of 15 applied - Deduction for personal expenses - Loss of dependency calculated at Rs.2,16,000 - Reduced by 50% for contributory negligence to Rs.1,08,000 - Held that Tribunal's award of Rs.2,40,000 was excessive (Paras 9-11).
Issue of Consideration
Whether the Tribunal erred in holding the tempo driver solely negligent and in awarding compensation without considering contributory negligence of the deceased driver.
Final Decision
Appeal partly allowed. The finding of contributory negligence is set aside and instead both drivers are held equally negligent. Compensation reduced to Rs.1,08,000 with interest at 9% per annum from date of petition till realization. The award of the Tribunal is modified accordingly.
Law Points
- Contributory negligence
- Apportionment of liability
- Rash and negligent driving
- Burden of proof in motor accident claims
- Compensation calculation
