Case Note & Summary
The present appeal was filed by the original claimants, being the widow, children, and father of the deceased Hanmantrao Manikrao Deshmukh, challenging the findings of the Motor Accident Claims Tribunal, Latur, in M.A.C.P. No.256/2013 dated 23.03.2017. The Tribunal had held the deceased negligent to the extent of 30% and deducted that amount from the total compensation. The claimants sought enhancement of compensation and deletion of the finding of contributory negligence. The accident occurred on 16.09.2013 when the deceased was driving a motorcycle bearing No.MH 24/X3631 on Latur-Chakur road. A Tata Pick up vehicle bearing No.MH 26/AD6283, driven by respondent No.1, came from the opposite direction in a rash and negligent manner and dashed against the motorcycle, causing the death of the deceased on the spot. The claimants filed a petition under Section 166 of the Motor Vehicles Act, 1988, claiming compensation of Rs.90,96,700/-. The Tribunal awarded total compensation of Rs.22,80,000/- but deducted 30% for contributory negligence of the deceased, arriving at a net amount of Rs.15,96,000/-. The High Court, after considering the evidence, found that the deceased was not wearing a helmet and did not possess a valid driving licence. The court held that the deceased contributed to the accident to the extent of 15% and reduced the deduction accordingly. The court also upheld the multiplier of 15 and the income of Rs.15,000/- per month as assessed by the Tribunal. The appeal was partly allowed, modifying the award to reflect a 15% deduction instead of 30%.
Headnote
A) Motor Vehicles Act - Contributory Negligence - Apportionment of Liability - Section 166 Motor Vehicles Act, 1988 - The deceased motorcyclist was driving without a valid driving licence and without wearing a helmet, and the accident occurred on a straight road where both vehicles were on their correct side - The High Court held that the deceased contributed to the accident to the extent of 15% and reduced the deduction from 30% to 15% (Paras 10-12). B) Motor Vehicles Act - Compensation - Deduction for Contributory Negligence - Section 166 Motor Vehicles Act, 1988 - The Tribunal had deducted 30% from the total compensation on account of contributory negligence of the deceased - The High Court, after re-appreciating evidence, found that the deceased was negligent to the extent of 15% and modified the award accordingly (Paras 10-12).
Issue of Consideration
Whether the Tribunal was correct in holding the deceased motorcyclist contributorily negligent to the extent of 30% and whether the compensation awarded is just and proper.
Final Decision
The appeal is partly allowed. The finding of contributory negligence against the deceased is reduced from 30% to 15%. The award is modified accordingly. The respondent No.3 Insurance Company is directed to pay the modified compensation amount with interest at 7.5% per annum from the date of petition till realization. The amount already paid shall be deducted.
Law Points
- Contributory negligence
- Motor accident compensation
- Deduction for contributory negligence
- Standard of proof for negligence
- Apportionment of liability
