Case Note & Summary
The appeal was filed by the original claimants, the widow and minor children of the deceased Hanumant, against the judgment and order dated 13 July 1993 of the Motor Accident Claims Tribunal. The deceased was a pillion rider on a motorcycle when a State Transport bus collided with the motorcycle, causing the death of both the motorcycle driver and the pillion rider. The Tribunal found that the driver of the ST bus was rash and negligent, but also held the motorcycle driver guilty of contributory negligence to the extent of 50%. Consequently, the Tribunal awarded only 50% of the computed compensation against the ST bus owner, as no claim was made against the motorcycle driver or its insurer. The legal issue was whether the pillion rider could be attributed contributory negligence for the fault of the motorcycle driver. The court held that the pillion rider had no control over the driving and could not be held responsible for the driver's negligence. Therefore, the finding of contributory negligence against the pillion rider was unsustainable. The court allowed the appeal, set aside the Tribunal's order to the extent it reduced compensation by 50%, and directed the respondent no.2 (ST bus owner) to pay the full compensation amount as computed by the Tribunal.
Headnote
A) Motor Accident Claims - Contributory Negligence - Pillion Rider - The Tribunal erred in attributing contributory negligence to the pillion rider for the fault of the motorcycle driver - The pillion rider had no control over the driving and could not be held responsible for the driver's negligence - Held that the finding of contributory negligence against the pillion rider is unsustainable (Paras 1-4).
Issue of Consideration
Whether the finding of the Tribunal that the driver of the motorcycle was guilty of contributory negligence is correct, and whether the Tribunal committed error in reducing compensation to the extent of 50% on the ground of contributory negligence.
Final Decision
Appeal allowed. The impugned judgment and order of the Tribunal is set aside to the extent it reduced the compensation by 50% on the ground of contributory negligence. Respondent no.2 is directed to pay the full compensation amount as computed by the Tribunal.
Law Points
- Contributory negligence cannot be attributed to a pillion rider for the fault of the driver of the vehicle in which he was travelling
- Motor Vehicles Act
- 1988
- Section 166
