Case Note & Summary
The appeal was filed by the claimants, being the wife, minor children, and parents of the deceased K.K. Sugunan, challenging the judgment and award dated 22.04.2014 in MVC No.2110/2011 passed by the IX Addl. Small Causes Judge and Addl. MACT, Bangalore (SCCH-7). The deceased died in a road traffic accident on 07.01.2011 at about 9.50 p.m. while pushing his motorcycle bearing Registration No.KA-51-Y-6408 from Veerasandra junction towards Kaveramma Temple on the extreme side of Hosur Road. A bus belonging to respondent No.2 and insured with respondent No.1 hit him from behind, causing fatal injuries. The Tribunal awarded total compensation of Rs.4,72,500/- with interest at 6% per annum, but fixed 50% contributory negligence on the deceased. The claimants sought to set aside the contributory negligence and enhance compensation. The High Court held that the deceased was on the extreme side of the road and could not be attributed 50% negligence; contributory negligence was reduced to 25%. The notional income was enhanced from Rs.4,500/- to Rs.6,000/- per month. Applying multiplier 16 as per Sarla Verma and deducting 1/4th towards personal expenses, loss of dependency was calculated at Rs.8,64,000/-. Adding conventional heads of Rs.10,000/- each for funeral expenses, loss of consortium, and loss of estate, total compensation was enhanced to Rs.8,94,000/-. After deducting 25% contributory negligence, the net compensation payable was Rs.6,70,500/-. The Insurance Company was directed to deposit the enhanced amount with interest at 6% per annum from the date of petition till deposit, within six weeks.
Headnote
A) Motor Accident Claims - Contributory Negligence - Apportionment of Fault - Deceased was pushing his motorcycle on the extreme side of the road when hit by a bus - Held that the deceased cannot be attributed 50% negligence as he was on the extreme side; contributory negligence reduced to 25% (Paras 5-7). B) Motor Accident Claims - Compensation - Notional Income - Deceased was a driver earning Rs.6,000/- per month - Tribunal took Rs.4,500/- as notional income - Held that Rs.6,000/- per month is appropriate considering the year of accident (2011) (Para 8). C) Motor Accident Claims - Compensation - Multiplier - Deceased aged 31 years - Tribunal applied multiplier 17 - Held that multiplier 16 is correct as per Sarla Verma v. DTC (Para 9). D) Motor Accident Claims - Compensation - Loss of Dependency - After deducting 1/4th towards personal expenses and applying multiplier 16, loss of dependency calculated as Rs.8,64,000/- (Para 10). E) Motor Accident Claims - Compensation - Conventional Heads - Tribunal awarded Rs.10,000/- towards funeral expenses, Rs.10,000/- towards loss of consortium, and Rs.10,000/- towards loss of estate - Held that these amounts are just and proper (Para 11). F) Motor Accident Claims - Compensation - Enhanced Award - Total compensation enhanced from Rs.4,72,500/- to Rs.8,94,000/- with interest at 6% per annum from the date of petition till deposit (Paras 12-13).
Issue of Consideration
Whether the Tribunal erred in fixing 50% contributory negligence on the deceased and whether the compensation awarded is just and proper.
Final Decision
The appeal is allowed in part. The judgment and award dated 22.04.2014 in MVC No.2110/2011 is modified. The total compensation is enhanced from Rs.4,72,500/- to Rs.8,94,000/-. After deducting 25% contributory negligence, the net compensation payable is Rs.6,70,500/-. The Insurance Company is directed to deposit the enhanced compensation with interest at 6% per annum from the date of petition till deposit, within six weeks from the date of receipt of a copy of this judgment.
Law Points
- Motor Vehicles Act
- 1988
- Section 173(1)
- contributory negligence
- compensation enhancement
- notional income
- multiplier method
- loss of dependency
- funeral expenses
- loss of consortium
- loss of estate
