Case Note & Summary
The appeal arises from a judgment and award dated 4th August 1998 passed by the Motor Accident Claims Tribunal, Yavatmal in MAC No.44 of 1999, whereby the claim of respondent no.1 (claimant) was partly allowed against the appellant (Divisional Controller, MSRTC) and respondent no.2 (bus driver). The Tribunal directed the non-applicants to pay jointly and severally a sum of Rs.75,000/- (inclusive of no fault liability) with interest at 12% per annum. The claimant, a vegetable vendor, alleged that on 10th August 1996, while he was alighting from a bus of the appellant at Barbani, the bus driver suddenly started the bus, causing him to fall and sustain injuries. The appellant contended that the claimant was negligent in alighting from a moving bus. The High Court found that the claimant failed to exercise due care and was guilty of contributory negligence to the extent of 50%. Consequently, the compensation was reduced to Rs.37,500/- (50% of Rs.75,000/-) and the interest rate was reduced from 12% to 6% per annum. The appeal was partly allowed.
Headnote
A) Motor Accident Claims - Contributory Negligence - Standard of Care - Claimant alighted from a moving bus and suffered injuries - Held that the claimant failed to exercise reasonable care for his own safety, contributing to the accident - Contributory negligence assessed at 50% (Paras 5-7). B) Motor Accident Claims - Compensation - Reduction on Account of Contributory Negligence - Tribunal awarded Rs.75,000/- including no fault liability - High Court reduced compensation by 50% due to contributory negligence, awarding Rs.37,500/- with interest at 6% per annum instead of 12% (Paras 8-9).
Issue of Consideration
Whether the claimant was guilty of contributory negligence and whether the compensation awarded by the Tribunal was excessive.
Final Decision
Appeal partly allowed. Compensation reduced to Rs.37,500/- (50% of Rs.75,000/-) with interest at 6% per annum from date of petition till realisation. No order as to costs.
Law Points
- Contributory negligence
- Motor accident compensation
- No fault liability
- Composite negligence
- Standard of care for passengers
