Case Note & Summary
The appeal under Section 173 of the Motor Vehicles Act, 1988 was filed by the Maharashtra State Road Transport Corporation (MSRTC) against the judgment and award dated 15-09-1998 passed by the Motor Accidents Claims Tribunal at Yavatmal in MACP No.47 of 1991. The Tribunal had partly allowed the claim of the respondents (legal heirs of deceased Mukundrao Dongre and others) and awarded Rs.6,49,000/- with interest at 12% p.a. The deceased, Mukundrao Dongre, aged 38 years, was an Agricultural Supervisor in Yavatmal District Central Cooperative Bank. On 08-12-1990, after taking cash to the bank, he was returning in a jeep (MHX-4365) driven by Shivaji Palkar. Near village Yarad, between 12:00 to 1:00 p.m., a truck (MTB-1442) belonging to MSRTC and driven by Anil Mate collided with the jeep, causing fatal injuries to Dongre and injuries to others. The claimants (widow, minor children, and the jeep driver) sought compensation. The Tribunal held the truck driver solely negligent and awarded compensation. The appellant MSRTC contended that the jeep driver was also negligent as both vehicles were on the wrong side. The court examined the evidence, including the spot panchnama and oral testimony, and found that both drivers were negligent as the collision occurred on the wrong side of the road for both vehicles. The court apportioned liability equally at 50% each. On compensation, the court upheld the multiplier of 15 and the multiplicand of Rs.36,000/- (after deducting 1/3rd for personal expenses), but reduced the interest rate from 12% to 6% p.a. The award was modified accordingly, reducing the total compensation payable by the appellant to Rs.3,24,500/- with interest at 6% p.a.
Headnote
A) Motor Vehicles Act - Compensation - Contributory Negligence - Section 173 Motor Vehicles Act, 1988 - Appeal against award of Rs.6,49,000/- for death in motor accident - Court found contributory negligence by jeep driver as both vehicles were on wrong side - Held that liability must be apportioned equally at 50% each (Paras 5-8). B) Motor Vehicles Act - Compensation - Multiplier - Section 166 Motor Vehicles Act, 1988 - Deceased aged 38 years, multiplier of 15 applied by Tribunal - Court upheld multiplier as per Sarla Verma guidelines (Para 9). C) Motor Vehicles Act - Compensation - Interest Rate - Section 171 Motor Vehicles Act, 1988 - Tribunal awarded 12% interest - Court reduced to 6% p.a. considering prevailing rates (Para 11).
Issue of Consideration
Whether the Tribunal erred in fixing 100% negligence on the truck driver and awarding excessive compensation without considering contributory negligence of the deceased's driver.
Final Decision
Appeal partly allowed. The finding of contributory negligence is modified to 50% each. The total compensation is reduced to Rs.3,24,500/- (after deducting 50% contributory negligence) with interest at 6% p.a. from the date of petition till deposit. The award is modified accordingly.
Law Points
- Motor Vehicles Act
- 1988
- Section 173
- Compensation
- Contributory Negligence
- Apportionment of Liability
- Interest Rate Reduction
