Case Note & Summary
The appeal was filed by the Bangalore Metropolitan Transport Corporation (BMTC) challenging the judgment and award dated 17.09.2016 passed by the IX Additional Small Causes and Motor Accident Claims Tribunal, Bengaluru, in MVC No.3101/2015. The Tribunal had awarded compensation of Rs.79,10,000/- with interest at 9% per annum to the respondents-claimants, who are the legal representatives of the deceased Pattabiraman G., who died in a road traffic accident on 24.04.2015. The accident occurred when the deceased was riding a motorcycle and dashed against a BMTC bus that was parked on the road without proper parking lights. The claimants sought compensation of Rs.1 crore. The Tribunal held the BMTC bus driver solely negligent and awarded the compensation. The BMTC appealed on the grounds of liability and quantum. The High Court found that the accident was caused due to contributory negligence of both the deceased (who was driving rashly) and the bus driver (who parked without lights). The Court apportioned liability at 50% each. On quantum, the Court upheld the multiplier of 14 and deduction of 1/3rd for personal expenses, but reduced the compensation proportionately. The Court also reduced the interest rate from 9% to 6% per annum. The appeal was partly allowed, modifying the award to Rs.39,55,000/- with interest at 6% per annum.
Headnote
A) Motor Accident Claims - Contributory Negligence - Apportionment of Liability - Deceased motorcyclist dashed against stationary BMTC bus parked on road without proper parking lights - Held that the deceased was negligent in driving and the bus driver was negligent in parking without lights - Liability apportioned at 50% each - Motor Vehicles Act, 1988, Sections 166, 168 (Paras 10-15) B) Motor Accident Claims - Quantum of Compensation - Multiplier Method - Deceased aged 42 years, income Rs.6,000/- per month - Tribunal applied multiplier 14 and deducted 1/3rd for personal expenses - Held that multiplier should be 14 as per Sarla Verma case and deduction 1/3rd is correct - Compensation reduced proportionately due to contributory negligence - Motor Vehicles Act, 1988, Section 168 (Paras 16-20) C) Motor Accident Claims - Interest Rate - Tribunal awarded 9% per annum - Held that interest rate of 6% per annum is appropriate in the facts and circumstances - Motor Vehicles Act, 1988, Section 171 (Para 21)
Issue of Consideration
Whether the Tribunal erred in fixing liability solely on the BMTC-Corporation and in awarding excessive compensation without considering contributory negligence of the deceased motorcyclist.
Final Decision
Appeal partly allowed. The judgment and award of the Tribunal is modified. The liability is apportioned at 50% each on the BMTC and the deceased. The total compensation is reduced to Rs.39,55,000/- with interest at 6% per annum from the date of petition till realization. The BMTC is directed to deposit 50% of the award amount within six weeks.
Law Points
- Motor Vehicles Act
- 1988
- Section 173(1)
- Contributory Negligence
- Apportionment of Liability
- Quantum of Compensation
- Multiplier Method
- Deduction for Personal Expenses
