Case Note & Summary
The present appeals arise out of a motor accident that occurred on 05.01.2012, involving a truck, a car, and a tempo. The deceased Kishorbhai Popatbhai Chauhan, aged 40 years, was traveling in the car along with his family. The accident resulted in the death of the deceased and injuries to others. The claimants, being the legal heirs of the deceased, filed claim petitions before the Motor Accident Claims Tribunal (Aux), Gondal, which passed a common judgment and award dated 14.10.2021. The Tribunal awarded compensation of Rs. 8,50,000/- with interest at 9% per annum, apportioning liability among the insurers of the three vehicles. The claimants, dissatisfied with the quantum of compensation and the apportionment, filed appeals under Section 173 of the Motor Vehicles Act, 1988. The main legal issues were whether the Tribunal correctly applied the multiplier, added future prospects, and apportioned liability. The claimants argued that the multiplier should be 16 instead of 13, and that 50% future prospects should be added. The insurers contended that the Tribunal's findings were correct. The court, after hearing the parties and perusing the record, held that the multiplier should be 16 as per Sarla Verma v. DTC, and that 50% future prospects should be added as per Pranay Sethi. The court recalculated the compensation, enhancing it to Rs. 10,10,000/-. The court upheld the Tribunal's apportionment of 50% liability each on the truck and car drivers, as the finding of contributory negligence was based on evidence. The court directed the insurers to pay the enhanced compensation with interest at 9% per annum from the date of petition till realization.
Headnote
A) Motor Accident Claims - Compensation - Multiplier - The Tribunal erred in applying multiplier of 13 instead of 16 for deceased aged 40 years as per Sarla Verma v. DTC. Held that multiplier should be 16 as per settled law (Paras 7-8). B) Motor Accident Claims - Contributory Negligence - Apportionment of Liability - The Tribunal's finding of contributory negligence between truck and car drivers was based on evidence and not perverse. Held that apportionment of 50% liability each is upheld (Paras 9-10). C) Motor Accident Claims - Future Prospects - The Tribunal failed to add 50% future prospects as per Pranay Sethi. Held that 50% addition for future prospects is mandatory for self-employed persons (Para 8). D) Motor Accident Claims - Loss of Estate and Funeral Expenses - The Tribunal awarded Rs. 15,000 and Rs. 15,000 respectively, which is less than the prescribed amounts. Held that loss of estate should be Rs. 15,000 and funeral expenses Rs. 15,000 as per Pranay Sethi (Para 8).
Issue of Consideration
Whether the Tribunal erred in assessing compensation and apportioning liability among the insurers in a motor accident claim involving multiple vehicles.
Final Decision
Appeals are partly allowed. The compensation is enhanced from Rs. 8,50,000/- to Rs. 10,10,000/-. The apportionment of liability as per the Tribunal is upheld. The insurers are directed to pay the enhanced compensation with interest at 9% per annum from the date of petition till realization.
Law Points
- Motor Vehicles Act
- 1988
- Section 173
- Compensation
- Multiplier
- Contributory Negligence
- Apportionment of Liability
