Case Note & Summary
The State of Maharashtra and the Secretary of the Public Works Department appealed against a judgment and decree dated 6th May 2010 passed by the Civil Judge (Senior Division) at Nashik, directing them to pay compensation of Rs.2,00,000 with interest at 9% per annum to the original plaintiffs (respondents 1 to 6), who are the legal heirs of a deceased pedestrian. The accident occurred when the deceased was crossing a national highway and was hit by a government vehicle. The trial court held the driver of the government vehicle negligent and awarded compensation. The appellants contended that the deceased was contributorily negligent as he crossed the highway without looking for oncoming traffic. The High Court analyzed the evidence and found that the deceased failed to exercise reasonable care while crossing a busy highway, and thus contributed to the accident. The court apportioned liability equally between the driver and the deceased, reducing the compensation by 50%. The court also found the quantum of Rs.2,00,000 to be excessive for a 55-year-old pedestrian and reduced it to Rs.1,00,000 after applying contributory negligence. The appeal was partly allowed, modifying the decree accordingly.
Headnote
A) Motor Vehicle Accident - Contributory Negligence - Pedestrian Crossing Highway - Deceased pedestrian crossed a national highway without taking adequate care and was hit by a government vehicle - Held that the deceased was 50% contributorily negligent, reducing the compensation by half (Paras 8-12). B) Motor Vehicle Accident - Compensation - Quantum - Trial court awarded Rs.2,00,000 as compensation for death of a 55-year-old pedestrian - Held that the amount was excessive and reduced to Rs.1,00,000 after applying contributory negligence (Paras 13-15).
Issue of Consideration
Whether the deceased pedestrian was contributorily negligent in crossing the highway, and whether the compensation awarded by the trial court was excessive.
Final Decision
Appeal partly allowed. The judgment and decree of the trial court are modified. The appellants are directed to pay compensation of Rs.1,00,000 (instead of Rs.2,00,000) with interest at 9% per annum from the date of suit till realization. The finding of contributory negligence is upheld, reducing the compensation by 50%.
Law Points
- Contributory negligence
- Motor vehicle accident
- Pedestrian crossing highway
- Standard of care
- Apportionment of liability
