Case Note & Summary
The appellants, parents of the deceased Shekhar Krishna Kalgutker, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, seeking compensation of Rs.3,00,000 for the death of their son in a motor vehicle accident on 15-3-1997. The deceased was riding a motorcycle when a tempo driven by respondent no.1 in a rash and negligent manner dashed against him, causing fatal injuries. The Motor Accident Claims Tribunal, South Goa, after trial, held that the accident occurred due to the fault of both the tempo driver and the deceased, i.e., contributory negligence, and awarded Rs.60,000 as compensation. The appellants appealed against the finding of contributory negligence. The High Court observed that there was no evidence on record to support the finding that the deceased was negligent. The Tribunal had merely speculated that the deceased might have been negligent. The High Court set aside the finding of contributory negligence and held that the respondents were jointly and severally liable to pay the entire compensation of Rs.60,000 with interest at 6% per annum from the date of the petition till realization. The appeal was partly allowed.
Headnote
A) Motor Accident Claims - Contributory Negligence - Burden of Proof - Motor Vehicles Act, 1988, Section 166 - The Tribunal held that the accident occurred due to the fault of both the driver of the tempo and the deceased motorcyclist, but there was no evidence on record to show that the deceased was negligent. The High Court set aside the finding of contributory negligence, holding that the Tribunal erred in apportioning liability without any basis. (Paras 5-6) B) Motor Accident Claims - Compensation - Quantum - Motor Vehicles Act, 1988, Section 166 - The Tribunal awarded Rs.60,000 as compensation. The High Court upheld the quantum, noting that the appellants did not challenge the amount and the appeal was only against the finding of contributory negligence. (Para 6)
Issue of Consideration
Whether the Tribunal was justified in holding that the deceased was guilty of contributory negligence in the absence of any evidence to support such a finding.
Final Decision
Appeal partly allowed. The finding of contributory negligence is set aside. The respondents are jointly and severally liable to pay the entire compensation of Rs.60,000 with interest at 6% per annum from the date of the petition till realization.
Law Points
- Contributory negligence must be proved by evidence
- not assumed
- Motor Vehicles Act
- 1988
- Section 166
- Compensation for loss of dependency
- No evidence to support finding of contributory negligence
