Case Note & Summary
The appeal arises from a judgment and award dated 31.12.2018 passed by the Senior Civil Judge and JMFC and MACT, N.R.Pura in MVC No.540/2017. The appellant, The New India Assurance Co., Ltd., challenged the quantum of compensation awarded to the claimant, Sri. Abubakkar, who suffered injuries in a motor vehicle accident on 20.05.2017. The claimant was a pillion rider on a motorcycle driven by respondent No.2, Abdul Razak, when the rider lost control due to rash and negligent driving, causing the claimant to fall and sustain a fracture of the femur and other injuries. The Tribunal awarded total compensation of Rs.11,50,000 with interest at 6% per annum, finding contributory negligence of 50% on the claimant. The insurance company appealed, contending that the compensation was excessive and that the claimant's contributory negligence was not properly assessed. The High Court examined the evidence, including the wound certificate and disability certificate, and upheld the Tribunal's finding of 50% contributory negligence. The Court assessed the claimant's disability at 10% whole body, took notional income of Rs.8,000 per month, applied multiplier of 18, and calculated loss of future income at Rs.1,72,800. The Court also awarded Rs.1,50,000 for medical expenses, Rs.30,000 for pain and suffering, Rs.10,000 for loss of amenities, Rs.10,000 for loss of income during treatment, and Rs.10,000 for future medical expenses, totaling Rs.3,82,800. After deducting 50% contributory negligence, the net compensation was reduced to Rs.1,91,400. The appeal was partly allowed, modifying the award accordingly.
Headnote
A) Motor Accident Claims - Contributory Negligence - Section 166 Motor Vehicles Act, 1988 - Where accident occurred due to negligence of both rider of motorcycle and claimant, Tribunal's finding of 50% contributory negligence on claimant is upheld - Held that claimant being a pillion rider cannot be held negligent unless he contributed to the accident, but in this case, the accident occurred due to rash riding by the rider and the claimant's act of sitting on the motorcycle with a load, thus contributory negligence is justified (Paras 5-7). B) Motor Accident Claims - Quantum of Compensation - Disability Assessment - Section 166 Motor Vehicles Act, 1988 - Claimant suffered fracture of femur and other injuries, disability assessed at 10% whole body by Tribunal - Held that in the absence of evidence of loss of income, notional income of Rs.8,000 per month is taken, and compensation for loss of future income is calculated using multiplier method (Paras 8-10). C) Motor Accident Claims - Medical Expenses - Section 166 Motor Vehicles Act, 1988 - Claimant produced medical bills for Rs.1,50,000 - Tribunal awarded Rs.1,50,000 towards medical expenses - Held that the same is justified and no interference is called for (Para 11).
Issue of Consideration
Whether the compensation awarded by the Tribunal is just and proper, and whether the claimant's contributory negligence was correctly assessed.
Final Decision
Appeal partly allowed. The compensation awarded by the Tribunal is reduced from Rs.11,50,000 to Rs.1,91,400 with interest at 6% per annum from the date of petition till deposit. The insurance company is directed to deposit the modified compensation within six weeks.
Law Points
- Motor Vehicles Act
- 1988
- Section 166
- contributory negligence
- quantum of compensation
- disability assessment
- multiplier method
