Case Note & Summary
The appeal was filed by the National Insurance Company Ltd. challenging the judgment and award dated 03.03.2014 passed by the Principal Senior Civil Judge & Motor Accident Claims Tribunal, Mangalore in MVC No.1847/2010, awarding compensation of Rs.5,50,000/- with interest at 6% p.a. to the claimants (parents of the deceased). The deceased, Ravi, was suffering from jaundice and was being transported in an ambulance from Chikmagalur to Mangalore for higher treatment. On 13.04.2010 at about 2.30 a.m., the ambulance driven by respondent No.3 (Anil Baptist) toppled at Kodekkal Railway overbridge, Alape village, causing fatal injuries to Ravi. The claimants filed a petition under Section 166 of the Motor Vehicles Act, 1988 seeking compensation. The Tribunal held that the accident occurred due to the rash and negligent driving of the ambulance driver and awarded compensation. The insurance company appealed, contending that the deceased was guilty of contributory negligence as he was not wearing a seatbelt and was lying on a stretcher without any safety measures, and that the compensation was excessive. The High Court examined the evidence, including the evidence of PW-2 (the driver) who stated that the deceased was lying on the stretcher and not wearing a seatbelt. The court held that the deceased, being a passenger, had a duty to take care of his own safety, and his failure to do so contributed to the accident. Applying the principle of contributory negligence, the court apportioned liability 50% each on the driver and the deceased. Consequently, the compensation was reduced to Rs.2,75,000/- (50% of Rs.5,50,000/-). The interest rate of 6% p.a. was maintained. The appeal was allowed in part.
Headnote
A) Motor Accident Compensation - Contributory Negligence - Apportionment of Liability - Deceased passenger in ambulance toppled due to driver's rash driving - Deceased not wearing seatbelt and lying on stretcher without safety measures - Held that deceased contributed to his own injuries by failing to take safety precautions - Liability apportioned 50% each between driver and deceased (Paras 10-14). B) Motor Accident Compensation - Quantum of Compensation - Reduction of Award - Tribunal awarded Rs.5,50,000/- - High Court reduced to Rs.2,75,000/- after applying 50% contributory negligence - Interest rate of 6% p.a. maintained (Paras 15-16).
Issue of Consideration
Whether the deceased was guilty of contributory negligence and whether the compensation awarded by the Tribunal is just and proper.
Final Decision
Appeal allowed in part. Compensation reduced from Rs.5,50,000/- to Rs.2,75,000/- with interest at 6% p.a. from date of petition till realization. Apportionment of liability 50% each on driver and deceased.
Law Points
- Contributory negligence
- Motor accident compensation
- Negligence of driver
- Duty of care of passenger
- Apportionment of liability
