Case Note & Summary
The appellant, Nizambhai Amadbhai Karavat, was the original claimant in a motor accident claim petition arising from an accident on 22.05.2015. While he was riding a motorcycle with a pillion rider, a chhakado rickshaw came from the opposite side in a rash manner. The appellant stopped and parked the motorcycle on the roadside, but the rickshaw dashed into the motorcycle, causing serious fracture injuries to the appellant. He filed a claim petition seeking compensation of Rs.35,00,000. The Motor Accident Claims Tribunal, Gondal, awarded Rs.16,22,200 with 9% interest, but held the appellant 10% contributorily negligent and assessed his income at Rs.5,000 per month. Aggrieved, the appellant appealed under Section 173 of the Motor Vehicles Act, 1988. The High Court heard both sides. The appellant argued that the Tribunal erred in attributing negligence to him and in assessing income, as he was a rickshaw driver earning Rs.6,000 per month. The insurance company supported the Tribunal's findings. The Court examined the evidence, including oral testimony and the chargesheet, and found that the appellant had taken due care by stopping and parking on the roadside, so no negligence could be attributed to him. The Court also noted that the appellant was a rickshaw driver and, in the absence of documentary proof, a notional income of Rs.6,000 per month was appropriate. Consequently, the Court set aside the 10% contributory negligence and enhanced the income to Rs.6,000 per month, directing the Tribunal to recalculate compensation accordingly. The appeal was partly allowed.
Headnote
A) Motor Accident Claims - Contributory Negligence - Apportionment of Fault - Claimant stopped motorcycle on roadside due to oncoming rickshaw; rickshaw dashed into parked motorcycle - Held that no negligence can be attributed to claimant as he had taken precaution by stopping and parking on roadside; Tribunal's finding of 10% contributory negligence set aside (Paras 6-7). B) Motor Accident Claims - Income Assessment - Notional Income - Claimant was a rickshaw driver earning Rs.6,000 per month - In absence of documentary evidence, Tribunal assessed income at Rs.5,000 per month - Held that considering occupation, income should be taken as Rs.6,000 per month (Para 7).
Issue of Consideration
Whether the Tribunal erred in holding 10% contributory negligence on the appellant and in assessing his income at Rs.5,000 per month instead of Rs.6,000 per month.
Final Decision
The appeal is partly allowed. The finding of 10% contributory negligence on the appellant is set aside. The income of the appellant is assessed at Rs.6,000 per month. The Tribunal is directed to recalculate the compensation accordingly and pay the enhanced amount with interest at 9% per annum from the date of petition till realization. The impugned judgment and award is modified to the aforesaid extent.
Law Points
- Contributory negligence
- Income assessment in motor accident claims
- Section 173 Motor Vehicles Act
- 1988
