Case Note & Summary
The present appeal arises from a judgment and award dated 30.04.2015 passed by the Motor Accident Claims Tribunal (Aux.), Gandhidham – Kachchh in MACP No.326 of 2002. The appellant, Dinesh Raghunathrai Gakhar, was traveling in his Maruti Esteem car (GJ-12-P-1160) from Gandhidham to Mata No Madh with three others. Near Sag River, Anjar, a luxury bus (GJ-12-T-4384) coming from Anjar allegedly on the wrong side dashed against the car, causing the appellant injuries to his right leg, chest, head and other body parts, resulting in partial disablement. The Tribunal awarded Rs.1,96,223/- with 9% interest, attributing 50% contributory negligence to the appellant. The appellant challenged both negligence and quantum. The High Court examined the evidence, including the panchnama and FIR, which indicated the bus was on the wrong side. The Court held that the Tribunal erred in mechanically apportioning 50% negligence without considering the bus driver's rashness. The Court reduced contributory negligence to 25%. On quantum, the Court noted that the Tribunal failed to award future loss of income despite medical evidence of 15% permanent disability. Applying the multiplier of 18 (age 25), the Court awarded Rs.1,94,400/- for future loss. It also enhanced compensation for pain and suffering to Rs.50,000/-, medical expenses to Rs.1,00,000/-, conveyance and special diet to Rs.25,000/-, and loss of amenities to Rs.25,000/-. The total compensation was recomputed at Rs.4,64,400/- with 9% interest from the date of petition. The appeal was partly allowed.
Headnote
A) Motor Accident Claims - Contributory Negligence - Head-on Collision - Apportionment of Negligence - In a head-on collision, mere fact of collision does not automatically lead to equal apportionment of negligence; Tribunal must consider evidence of rash and negligent driving, such as bus being on wrong side. Held that 50% contributory negligence attributed to claimant was excessive and reduced to 25% (Paras 6-9). B) Motor Accident Claims - Compensation - Future Loss of Income - Assessment of Disability - For injuries resulting in partial permanent disability, multiplier method should be applied based on percentage of disability and age of claimant. Held that Tribunal erred in not awarding future loss of income; compensation enhanced accordingly (Paras 10-13). C) Motor Accident Claims - Compensation - Pain, Shock and Suffering - Medical Expenses - Conveyance and Special Diet - Heads of non-pecuniary damages must be adequately compensated. Held that amounts awarded under these heads were inadequate and enhanced (Paras 14-16).
Issue of Consideration
Whether the Tribunal erred in apportioning 50% contributory negligence to the appellant and in computing compensation for injuries sustained in a motor accident.
Final Decision
The appeal is partly allowed. The contributory negligence of the appellant is reduced from 50% to 25%. The total compensation is enhanced from Rs.1,96,223/- to Rs.4,64,400/- with interest at 9% per annum from the date of filing of the claim petition till realization. The respondents are jointly and severally liable to pay the enhanced amount.
Law Points
- Contributory negligence
- head-on collision
- burden of proof
- Motor Vehicles Act
- 1988
- compensation for injuries
- future loss of income
- pain and suffering
- medical expenses
