Case Note & Summary
The appeal arises from a judgment of the Motor Accident Claims Tribunal, Jalna, in MACP No. 01/2013, awarding compensation of Rs. 7,50,000 to the claimants (respondents 1-4), the widow, two sons, and father of deceased Jalindar Karde, who died in a motor vehicle accident on 18-06-2012. The deceased was a pedestrian hit by a Maharashtra State Road Transport Corporation (MSRTC) bus driven by respondent no.5. The Tribunal found the deceased 50% contributorily negligent and the driver 50% negligent. The appellant, MSRTC, challenged the quantum, arguing that the Tribunal failed to deduct the 50% contributory negligence from the compensation and applied an incorrect multiplier. The High Court examined the evidence and found that the Tribunal's finding on contributory negligence was based on the testimony of eyewitness PW2 and the spot panchanama, showing the accident occurred in the middle of the road, and thus upheld the 50% contributory negligence. However, the High Court noted that the Tribunal applied a multiplier of 13 for a deceased aged 45 years, whereas as per Sarla Verma v. DTC, the correct multiplier for age 41-45 is 12. The High Court recalculated the loss of dependency: notional income of Rs. 3,000 per month (as per Tribunal), annual income Rs. 36,000, after 1/4th deduction for personal expenses (since 4 dependents), annual loss Rs. 27,000, multiplied by 12 = Rs. 3,24,000. Adding Rs. 70,000 for conventional heads (loss of consortium, funeral expenses, etc.), total compensation before contributory negligence would be Rs. 3,94,000. After deducting 50% contributory negligence, the claimants would be entitled to Rs. 1,97,000. However, considering the overall circumstances and the fact that the Tribunal had awarded Rs. 7,50,000, the High Court, in the interest of justice, reduced the compensation to Rs. 5,00,000, which is more than the calculated amount but less than the Tribunal's award. The appeal was partly allowed, and the award was modified accordingly.
Headnote
A) Motor Accident Claims - Contributory Negligence - Deceased pedestrian hit by ST bus while crossing road - Tribunal held deceased 50% negligent - High Court upheld finding of contributory negligence - Held that the Tribunal's finding on contributory negligence was based on evidence and not perverse (Paras 7-9). B) Motor Accident Claims - Multiplier - Deceased aged 45 years - Tribunal applied multiplier of 13 - High Court corrected to multiplier of 12 as per Sarla Verma v. DTC - Held that multiplier should be 12 for age group 41-45 (Para 10). C) Motor Accident Claims - Deduction for Personal Expenses - Deceased married with 4 dependents - Tribunal deducted 1/4th - High Court upheld deduction of 1/4th as per Sarla Verma - Held that deduction of 1/4th is correct for 4 dependents (Para 10). D) Motor Accident Claims - Quantum - Loss of dependency calculated as Rs. 3,000 x 12 x 12 x 3/4 = Rs. 3,24,000 - Plus conventional heads Rs. 70,000 - Total Rs. 3,94,000 - After 50% contributory negligence, claimants entitled to Rs. 1,97,000 - But High Court awarded Rs. 5,00,000 considering overall circumstances - Held that compensation reduced from Rs. 7,50,000 to Rs. 5,00,000 (Paras 11-13).
Issue of Consideration
Whether the Motor Accident Claims Tribunal erred in awarding compensation without deducting contributory negligence of the deceased and in applying the correct multiplier.
Final Decision
The appeal is partly allowed. The impugned award is modified. The claimants are entitled to total compensation of Rs. 5,00,000 instead of Rs. 7,50,000. The rate of interest at 6% per annum as awarded by the Tribunal is maintained. The appellant is directed to deposit the modified amount within eight weeks. The amount already deposited shall be adjusted. The deficit court fees, if any, shall be paid by the appellant.
Law Points
- Contributory negligence
- Multiplier determination
- Deduction for personal expenses
- Quantum of compensation
