Case Note & Summary
The case involves an appeal by the National Insurance Company Ltd. against the judgment and award of the Motor Accident Claims Tribunal at Aurangabad in Claim Petition No.120 of 2007. The claimants, respondents 1 to 5, sought compensation for the death of Kailas Mamode in a vehicular accident on 31.07.2006 involving a bus owned by respondent No.6 and insured by the appellant. The Tribunal awarded Rs. 5,52,000/- with interest. The Insurance Company challenged the award on grounds of lack of proof of income and contributory negligence. The court found that the claimants did not produce any evidence of the deceased's income, and the Tribunal's assumption of Rs. 4,500/- per month was baseless. The court also noted that the deceased was crossing the road on a motorcycle and was hit by the bus, indicating contributory negligence. The court reduced the compensation by 50% for contributory negligence and reassessed the income notionally. The appeal was partly allowed, reducing the compensation amount.
Headnote
A) Motor Accident Claims - Compensation Assessment - Income Proof - Section 166 Motor Vehicles Act, 1988 - The claimants failed to produce any evidence regarding the income of the deceased. The Tribunal's assumption of income at Rs. 4,500/- per month was without any basis. Held that in the absence of proof, the income should be assessed on a notional basis as per the Second Schedule. (Paras 5-7) B) Motor Accident Claims - Contributory Negligence - Apportionment of Liability - The accident occurred when the deceased was crossing the road on a motorcycle and was hit by a bus. The Tribunal did not consider contributory negligence. Held that the deceased was equally negligent, and liability should be apportioned 50:50. (Paras 8-10) C) Motor Accident Claims - Deduction for Personal Expenses - Multiplier - The Tribunal applied multiplier of 13 and deducted 1/3rd for personal expenses. Held that the multiplier should be 13 as per the age of the deceased (35 years) and deduction of 1/3rd is correct. (Paras 11-12)
Issue of Consideration
Whether the Tribunal correctly assessed the compensation amount and whether the Insurance Company is liable to pay the awarded amount.
Final Decision
Appeal partly allowed. Compensation reduced by 50% on account of contributory negligence. Income of deceased notionally assessed. Award modified accordingly.
Law Points
- Motor Accident Claims
- Compensation Assessment
- Proof of Income
- Contributory Negligence
- Section 166 Motor Vehicles Act
- 1988
