Case Note & Summary
The appellants, father and siblings of the deceased Savita, a 10-year-old girl, filed a claim under Section 166 of the Motor Vehicles Act, 1988, seeking compensation for her death in a motor vehicle accident on 27.4.1990. The accident involved an ST bus owned by the respondent Corporation and a tractor trolly. The Tribunal awarded Rs.51,800/- with 12% interest, but held that the deceased was contributorily negligent to the extent of 25%, reducing the liability of the Corporation to 75%. The appellants challenged the award, contending that the Tribunal erred in attributing contributory negligence to a child passenger and in computing compensation. The High Court analyzed the evidence, noting that the bus driver was solely negligent as the bus dashed against the oncoming tractor trolly. The court held that a child of 10 years cannot be held contributorily negligent as she had no control over the vehicle. On compensation, the court applied the multiplier method, taking notional income of Rs.15,000/- per annum as per the Second Schedule, deducting 1/3rd for personal expenses, applying multiplier of 15, and adding Rs.5,000/- for funeral expenses and Rs.10,000/- for loss of estate, totaling Rs.1,05,000/-. The court modified the interest rate to 7.5% per annum from the date of petition till realization. The appeal was partly allowed, enhancing compensation to Rs.1,05,000/- with interest at 7.5% per annum, and the respondent Corporation was directed to pay the entire amount.
Headnote
A) Motor Vehicles Act - Contributory Negligence - Child of 10 years - The Tribunal erred in attributing contributory negligence to a 10-year-old child passenger who had no control over the vehicle. The court held that the driver of the ST bus was solely negligent as the bus dashed against an oncoming tractor trolly. (Paras 5-7) B) Motor Vehicles Act - Compensation - Death of a child - The court applied the multiplier method based on the notional income of Rs.15,000/- per annum as per the Second Schedule, deducted 1/3rd for personal expenses, applied multiplier of 15, and added Rs.5,000/- for funeral expenses and Rs.10,000/- for loss of estate, totaling Rs.1,05,000/-. (Paras 8-10) C) Motor Vehicles Act - Interest - Rate of interest - The court awarded interest at 7.5% per annum from the date of petition till realization, modifying the Tribunal's rate of 12% per annum. (Para 11)
Issue of Consideration
Whether the Tribunal erred in holding that the deceased child was contributorily negligent and in awarding inadequate compensation.
Final Decision
The appeal is partly allowed. The impugned judgment and award is modified. The appellants are entitled to compensation of Rs.1,05,000/- with interest at 7.5% per annum from the date of petition till realization. The respondent Corporation is directed to pay the entire compensation amount.
Law Points
- Contributory negligence cannot be attributed to a child of 10 years
- Motor Vehicles Act
- 1988 Section 166
- Compensation for death of a child
- Multiplier method for computing compensation
- Interest rate on compensation
