Case Note & Summary
The appeal was filed by New India Assurance Co. Ltd. against the judgment and award dated 30.06.2016 passed by the Motor Accident Claims Tribunal (Auxi), Ahmedabad (Rural) at Viramgam in Motor Accident Claim Petition No.41 of 2012, whereby the Tribunal partly allowed the claim petition and awarded Rs.7,79,200/- as compensation with 8% interest per annum from the date of filing of the claim petition till realization. The accident occurred on 23.06.2012 at about 8:30 am when deceased Savitaben Javanshingh Thakor was travelling as a pillion rider on motorcycle bearing registration No.GJ-1-MS-5704. Near Sokali Village, they stopped at the road side after filling petrol in the motorcycle. At that time, respondent No.1 (driver of Trailer Truck bearing registration No.GJ-12-AU-8882) came in reverse gear and dashed the motorcycle from behind, causing the deceased to fall and be run over by the truck, resulting in fatal injuries. The claimants sought compensation of Rs.10,00,000/-. The insurance company (appellant) filed a written statement denying liability. The Tribunal awarded Rs.7,79,200/-. The insurance company appealed, contending that the deceased was contributory negligent as she was standing on the road without wearing a helmet. The High Court examined the evidence and found that the deceased, as a pillion rider, had a duty to take reasonable care for her own safety. By standing on the road without a helmet, she contributed to the accident. The court held that the deceased was 50% contributory negligent. Consequently, the compensation was reduced by 50%, from Rs.7,79,200/- to Rs.3,89,600/-. The interest rate of 8% per annum was maintained. The appeal was partly allowed, and the award was modified accordingly.
Headnote
A) Motor Accident Claims - Contributory Negligence - Pillion Rider - Deceased pillion rider was standing on road side after filling petrol when a truck in reverse gear dashed the motorcycle from behind - Held that the pillion rider failed to exercise reasonable care for her safety by not wearing helmet and standing on road, contributing 50% to the accident - Compensation reduced accordingly (Paras 4-6). B) Motor Accident Claims - Compensation - Quantum - Tribunal awarded Rs.7,79,200/- with 8% interest - High Court reduced compensation by 50% due to contributory negligence, modifying award to Rs.3,89,600/- with 8% interest from date of petition till realization (Paras 6-7).
Issue of Consideration
Whether the deceased pillion rider was contributory negligent and whether the compensation awarded by the Tribunal was excessive?
Final Decision
The appeal is partly allowed. The impugned judgment and award is modified to the extent that the claimants are entitled to 50% of the awarded amount i.e., Rs.3,89,600/- with interest at 8% per annum from the date of filing of the claim petition till its realization. The rest of the award remains unchanged.
Law Points
- Contributory negligence
- Apportionment of liability
- Motor accident compensation
- Pillion rider duty of care
