Case Note & Summary
The case arises from a motor accident claim where the deceased, Kalaswamy, a pedestrian, was hit by a car driven by respondent No.5 and owned by respondent No.6, insured by the appellant insurance company. The claimants, wife and children of the deceased, filed a petition before the Motor Accidents Claims Tribunal, Mysuru, seeking compensation. The Tribunal, by judgment dated 04/12/2017 in MVC No.1248/2015, awarded Rs.9,76,754/- with interest at 9% per annum from the date of petition till realization, holding the driver solely negligent. The insurance company appealed, contending that the deceased was negligent in crossing the road without observing traffic, and that the compensation was excessive. The claimants filed a cross-objection seeking enhancement of compensation. The High Court examined the evidence, including the complaint and sketch, and found that the accident occurred on a straight road, the deceased crossed without caution, and the driver had no time to avoid the collision. The Court held that both the driver and the deceased were equally negligent, applying the principle of contributory negligence. Consequently, the compensation was reduced by 50% to Rs.4,88,377/-. The interest rate was reduced from 9% to 6% per annum. The cross-objection was dismissed as no enhancement was warranted. The Court directed the insurance company to deposit the modified compensation within six weeks, with liberty to withdraw by the claimants.
Headnote
A) Motor Vehicles Act - Contributory Negligence - Pedestrian Crossing - Deceased pedestrian crossed road without observing traffic and was hit by a car - Held that the pedestrian was equally negligent, thus contributory negligence of 50% is justified - Tribunal's finding of sole negligence on driver set aside (Paras 10-15). B) Motor Vehicles Act - Compensation - Reduction - Due to contributory negligence, compensation reduced by 50% - Tribunal awarded Rs.9,76,754/- with 9% interest - Modified to Rs.4,88,377/- with 6% interest from date of petition till deposit (Paras 16-20). C) Motor Vehicles Act - Cross-Objection - Enhancement - Claimants sought enhancement of compensation - Held that since the accident occurred due to contributory negligence, no enhancement is warranted - Cross-objection dismissed (Paras 21-22).
Issue of Consideration
Whether the Tribunal erred in fixing negligence on the driver of the offending vehicle and in awarding compensation, and whether the claimants are entitled to enhanced compensation.
Final Decision
The appeal is allowed in part. The judgment and award dated 04/12/2017 in MVC No.1248/2015 is modified. The claimants are entitled to compensation of Rs.4,88,377/- with interest at 6% per annum from the date of petition till deposit. The cross-objection is dismissed. The insurance company is directed to deposit the modified compensation within six weeks from the date of receipt of a copy of this judgment. On such deposit, the claimants are entitled to withdraw the same.
Law Points
- Contributory negligence
- Apportionment of liability
- Motor accident compensation
- Negligence of pedestrian
- Standard of care
