Case Note & Summary
The case arises from a motor vehicle accident that occurred on 22.05.2011 at about 8.30 p.m. near Mallaghatta Gate, Kunigal Town, Tumkur District. The deceased, one Smt. Rizwana, was crossing the road when a car bearing registration No.KA-06-MC-5555 driven by respondent No.4 (Nisammuddin) hit her, causing fatal injuries. The claimants, being the husband, children, and brother of the deceased, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 before the Senior Civil Judge & JMFC, MACT-XV, Kunigal, seeking compensation of Rs.15,00,000/-. The Tribunal, by judgment and award dated 24.08.2017 in MVC No.583/2011, awarded Rs.7,27,114/- with interest at 6% p.a. from the date of petition till deposit, holding the driver of the car solely negligent. Aggrieved by the award, the Insurance Company filed MFA No.174/2018 challenging the liability and quantum, while the claimants filed MFA No.6621/2018 seeking enhancement of compensation. The High Court considered the evidence, including the complaint, charge sheet, and spot panchanama, and found that the deceased was crossing the road without observing the traffic and that the driver had also contributed to the accident. The Court held that both the deceased and the driver were equally negligent, apportioning liability at 50% each. Consequently, the compensation payable by the Insurance Company was reduced to Rs.3,63,557/- with interest at 6% p.a. The claimants' appeal for enhancement was dismissed as they failed to prove that the Tribunal's assessment was erroneous. The Court directed the Insurance Company to deposit the reduced amount within six weeks, with liberty to withdraw the excess amount already deposited.
Headnote
A) Motor Vehicles Act - Contributory Negligence - Pedestrian - Apportionment of Liability - The deceased pedestrian was crossing the road without observing traffic and was hit by a car; the Tribunal held the driver solely negligent, but the High Court found contributory negligence on part of the deceased as he did not take precautions while crossing, and apportioned liability equally at 50% each. (Paras 10-14) B) Motor Vehicles Act - Just Compensation - Quantum - The Tribunal awarded Rs.7,27,114/- with interest at 6% p.a.; the High Court, after applying 50% contributory negligence, reduced the compensation payable by the Insurance Company to Rs.3,63,557/- with interest at 6% p.a. from the date of petition till deposit. (Paras 15-18) C) Motor Vehicles Act - Appeal - Section 173(1) - The Insurance Company's appeal was allowed in part, and the claimants' appeal for enhancement was dismissed. (Para 19)
Issue of Consideration
Whether the Tribunal was correct in holding the driver of the offending vehicle solely negligent and awarding compensation of Rs.7,27,114/- to the claimants, and whether the claimants are entitled to enhanced compensation.
Final Decision
MFA No.174/2018 filed by the Insurance Company is allowed in part. The liability of the Insurance Company is reduced to 50% of the awarded amount, i.e., Rs.3,63,557/- with interest at 6% p.a. from the date of petition till deposit. MFA No.6621/2018 filed by the claimants is dismissed. The Insurance Company is directed to deposit the reduced amount within six weeks from the date of receipt of the order. The claimants are entitled to withdraw the amount deposited by the Insurance Company in proportion to their shares as per the Tribunal's order. The excess amount, if any, deposited by the Insurance Company shall be refunded.
Law Points
- Contributory negligence
- Motor vehicle accident
- Pedestrian negligence
- Apportionment of liability
- Just compensation
- Section 173(1) Motor Vehicles Act
- 1988
