Case Note & Summary
The appeal was filed by the Insurance Company under Section 173(1) of the Motor Vehicles Act, 1988, challenging the judgment and award dated 28.02.2018 passed by the Additional Senior Civil Judge and MACT, Srirangapatna, in MVC No.915/2016, whereby compensation of Rs.2,36,000/- with interest at 9% per annum was awarded to the respondents (claimants) for the death of Vijaykumar.K in a road accident. The accident occurred on 07.07.2016 at about 1.15 p.m. on T.Narasipura road when the deceased was returning to his village on his motorcycle bearing No.KA-09-6388 with a pillion rider. A dog suddenly came on the road, and in an attempt to avoid it, the deceased lost control of the motorcycle and fell, sustaining fatal injuries. The claimants, being the mother and sister of the deceased, filed a claim petition seeking compensation. The Tribunal held that the accident was caused solely due to the negligence of the deceased and awarded compensation. The Insurance Company appealed, contending that the deceased was guilty of contributory negligence and that the compensation was excessive. The High Court analyzed the facts and found that the deceased failed to control the vehicle despite the presence of the dog, which constituted contributory negligence. The Court held that the deceased was 50% responsible for the accident. Consequently, the compensation was reduced by 50% to Rs.1,18,000/- with interest at 6% per annum from the date of petition till deposit. The appeal was partly allowed.
Headnote
A) Motor Vehicles Act - Contributory Negligence - Section 173(1) MV Act - Accident caused by dog on road - Deceased lost control of motorcycle while avoiding a dog - Held that the deceased was negligent in not controlling the vehicle, contributing to the accident - Compensation reduced by 50% (Paras 5-10). B) Motor Vehicles Act - Compensation - Reduction of award - Section 173(1) MV Act - Tribunal awarded Rs.2,36,000/- with 9% interest - Held that due to contributory negligence, compensation reduced to Rs.1,18,000/- with 6% interest (Paras 11-12).
Issue of Consideration
Whether the deceased was guilty of contributory negligence in causing the accident and whether the compensation awarded by the Tribunal is just and proper.
Final Decision
Appeal partly allowed. Compensation reduced from Rs.2,36,000/- to Rs.1,18,000/- with interest at 6% per annum from date of petition till deposit.
Law Points
- Contributory negligence
- Motor accident compensation
- Negligence in avoiding animal on road
- Reduction of compensation due to contributory negligence
