Case Note & Summary
The present appeal arises from a judgment and award dated 15.01.2020 passed by the Motor Accident Claims Tribunal (Aux), Kheda at Nadiad, in Motor Accident Claim Petition No.1145/2016. The appellants, who are the legal heirs of the deceased Rajeshkumar Bhoi, filed the appeal under Section 173 of the Motor Vehicles Act, 1988, challenging the quantum of compensation and the apportionment of contributory negligence. The deceased was a cleaner and second driver of a truck bearing No.GJ01DX6795. On 26.10.2016, at around 2:30 hours, while travelling on the Ahmedabad-Vadodara express highway near village Vehrakhadi, the deceased's truck collided with a parked truck bearing No.GJ12BT8946, which was parked without any reflector or indicator. The deceased sustained serious injuries and succumbed to them. The claimants sought compensation of Rs.35,00,000. The Tribunal awarded Rs.8,57,584 with 9% interest, assessing the deceased's monthly income at Rs.5,000 on a notional basis and apportioning negligence 70% against the parked truck and 30% against the deceased. The appellants argued that the income should be Rs.7,500 per month as the deceased was earning that amount, and that the compensation under conventional heads was inadequate. The respondents, insurance companies, supported the Tribunal's award. The High Court, after hearing the parties, found that the Tribunal's assessment of income at Rs.5,000 was too low given the deceased's occupation as a cleaner/second driver, and increased it to Rs.7,500 per month. Applying the multiplier of 14 (age 43) and deducting 1/4th for personal expenses, the loss of dependency was recalculated. The Court also awarded Rs.15,000 for loss of estate, Rs.15,000 for funeral expenses, and Rs.40,000 for loss of consortium to each claimant (total Rs.1,60,000 for four claimants). The total compensation was enhanced to Rs.13,60,000, with the same rate of interest. The apportionment of negligence was upheld. The appeal was partly allowed.
Headnote
A) Motor Accident Claims - Quantum of Compensation - Notional Income - Deceased was a cleaner/second driver of a truck, earning Rs.7,500 per month - Tribunal assessed income at Rs.5,000 on notional basis without evidence - Held that in absence of documentary proof, income should be assessed at Rs.7,500 per month based on the nature of work and prevailing wages (Paras 4-8). B) Motor Accident Claims - Contributory Negligence - Apportionment of Liability - Accident occurred when deceased's truck dashed into a parked truck without reflectors - Tribunal apportioned 70% negligence to the parked truck and 30% to the deceased - Held that the apportionment is just and proper as the parked truck was illegally parked without indicators (Para 6). C) Motor Accident Claims - Conventional Heads - Loss of Consortium - Tribunal awarded Rs.40,000 for loss of consortium - Held that as per Pranay Sethi, each claimant is entitled to Rs.40,000 for loss of consortium, and the amount awarded is adequate (Para 8).
Issue of Consideration
Whether the Tribunal erred in assessing the monthly income of the deceased at Rs.5,000 on notional basis and in awarding inadequate compensation under conventional heads?
Final Decision
Appeal partly allowed. The compensation is enhanced from Rs.8,57,584 to Rs.13,60,000 with interest at 9% per annum from the date of petition till realization. The apportionment of negligence (70:30) is upheld. The insurance companies are directed to pay the enhanced amount within eight weeks.
Law Points
- Notional income assessment for self-employed persons
- contributory negligence apportionment
- multiplier method for loss of dependency
- conventional heads under Motor Vehicles Act
