Case Note & Summary
The appeal was filed by the Maharashtra State Road Transport Corporation (MSRTC) against the judgment and award dated 31-07-2006 passed by the Motor Accident Claims Tribunal, Yavatmal in Claim Petition No. 488 of 1998. The Tribunal had awarded compensation of Rs.23,24,000/- with interest at 9% per annum to the claimants, who are the widow, minor daughter, and mother of the deceased Vijaykumar Bothra. The deceased, a 37-year-old Senior Manager (Mechanical) with Manganese Ore (India) Limited, died in a motor vehicle accident on 20-06-1998 when his Maruti Van was hit by an ST bus belonging to the appellant. The bus driver was allegedly driving rashly and negligently while overtaking a bullock cart, causing a head-on collision. The Tribunal held the bus driver solely responsible and computed compensation based on the deceased's monthly salary of Rs.13,485/-, applying a multiplier of 15 and deducting 1/3rd for personal expenses. The appellant contended that the deceased was also negligent and that the compensation was excessive. The High Court found no evidence of contributory negligence and upheld the Tribunal's findings on income, multiplier, deduction, and interest rate. The appeal was dismissed with no order as to costs.
Headnote
A) Motor Accident Compensation - Contributory Negligence - Burden of Proof - Appellant failed to plead or prove contributory negligence by the deceased driver - Held that without evidence, no reduction in compensation can be made (Paras 4-5). B) Motor Accident Compensation - Assessment of Income - Deceased was a salaried employee earning Rs.13,485/- per month - Tribunal correctly considered salary and future prospects - Held that no interference is warranted (Paras 3, 6). C) Motor Accident Compensation - Deduction for Personal Expenses - Deceased married with three dependents - Deduction of 1/3rd towards personal expenses is appropriate - Held that Tribunal's deduction of 1/3rd is correct (Para 6). D) Motor Accident Compensation - Multiplier - Deceased aged 37 years - Multiplier of 15 applied as per Sarla Verma - Held that multiplier is correct (Para 6). E) Motor Accident Compensation - Interest Rate - 9% per annum from date of application - Held that rate is reasonable and not excessive (Para 6).
Issue of Consideration
Whether the Tribunal erred in not finding contributory negligence on the part of the deceased driver and in awarding excessive compensation?
Final Decision
Appeal dismissed. No order as to costs.
Law Points
- Contributory negligence must be pleaded and proved
- Notional income for self-employed persons
- Deduction towards personal expenses for married deceased
- Multiplier as per Sarla Verma
- Interest rate on compensation
