Case Note & Summary
The appellant, Maharashtra State Road Transport Corporation Limited (MSRTC), owner of a ST bus involved in an accident, challenged the award of compensation passed by the Motor Accident Claims Tribunal. The appeal was filed under Section 173 of the Motor Vehicles Act, 1988. The accident resulted in the death of a pedestrian. The Tribunal had awarded compensation to the respondents, who are the legal heirs of the deceased. The appellant raised two grounds: first, that the Tribunal should have found contributory negligence on the part of the deceased; second, that the multiplier applied should be 14 instead of 15. The High Court heard the appeal. On the issue of contributory negligence, the Court noted that the appellant failed to produce any evidence to show that the deceased was negligent. The burden to prove contributory negligence lies on the party alleging it. In the absence of evidence, the Tribunal's finding of sole negligence on the driver was correct. On the multiplier issue, the deceased was aged 45 years. As per the settled principle in Sarla Verma v. Delhi Transport Corporation, the multiplier for the age group 41-45 is 15. The Tribunal had correctly applied multiplier 15. The Court found no merit in the appeal and dismissed it. The civil application also stood disposed of.
Headnote
A) Motor Accident Claims - Contributory Negligence - Burden of Proof - Appellant Corporation alleged contributory negligence by deceased pedestrian - No evidence of negligence on part of deceased produced - Held that burden to prove contributory negligence lies on the party alleging it, and in absence of evidence, finding of sole negligence on driver is correct (Paras 1-2). B) Motor Accident Claims - Multiplier - Age of Deceased - Deceased aged 45 years - Tribunal applied multiplier of 15 as per Sarla Verma v. DTC - Appellant argued multiplier should be 14 - Held that as per settled law, multiplier for age group 41-45 is 15, and Tribunal's application is correct (Paras 1-2).
Issue of Consideration
Whether the Tribunal erred in not attributing contributory negligence to the deceased and in applying multiplier of 15 instead of 14.
Final Decision
Appeal dismissed. The award of the Motor Accident Claims Tribunal is confirmed. Civil Application No. 1692 of 2013 also stands disposed of.
Law Points
- Contributory negligence
- Multiplier determination
- Motor Accident Claims
- Section 166 Motor Vehicles Act
- 1988
