Case Note & Summary
The appeal was filed by the second respondent (owner of the lorry) in MVC No.2701/2010 before the Motor Accident Claims Tribunal, Bengaluru, challenging the judgment and award dated 14.02.2017. The claim petition was filed by respondents No.1 and 2 (parents of the deceased) seeking compensation for the death of their son K. Pulla Reddy in a road traffic accident on 06.03.2010 involving a motorcycle bearing registration No.KA-03-EL-117 and a lorry (petrol tanker) bearing registration No.KA-03-A-0127 owned by the appellant. The Tribunal awarded Rs.60,01,520/- with interest at 6% p.a. The appellant contended that the deceased was negligent and that the compensation was excessive. The High Court analyzed the evidence, including the police records and spot sketch, and found that both vehicles were on the wrong side of the road, indicating contributory negligence by the deceased. The Court held the deceased 50% contributory negligent. On quantum, the Court noted that the deceased was 25 years old, earning Rs.5,000/- per month as a driver, and applied a multiplier of 18, deducting 50% for personal expenses, resulting in a loss of dependency of Rs.4,32,000/-. Adding conventional heads, the total compensation was reduced to Rs.4,57,000/-. The appeal was allowed in part, modifying the award.
Headnote
A) Motor Vehicles Act - Contributory Negligence - Apportionment of Liability - Deceased motorcyclist collided with a petrol tanker; both vehicles were on the wrong side of the road - Held that the deceased was 50% contributory negligent, reducing the compensation payable by the insurer proportionately (Paras 5-10). B) Motor Vehicles Act - Compensation - Quantum - Deceased aged 25 years, earning Rs.5,000/- per month as a driver - Tribunal awarded Rs.60,01,520/- - Held that the compensation was excessive and required reassessment (Paras 11-15).
Issue of Consideration
Whether the deceased motorcyclist was guilty of contributory negligence and whether the compensation awarded by the Tribunal is just and proper.
Final Decision
Appeal allowed in part. The judgment and award of the Tribunal is modified. The deceased is held 50% contributory negligent. The total compensation is reduced to Rs.4,57,000/- with interest at 6% p.a. from the date of petition till realization. The insurer is directed to pay 50% of the award amount after deducting the contributory negligence.
Law Points
- Contributory negligence
- Motor vehicle accident compensation
- Apportionment of negligence
- Section 173(1) Motor Vehicles Act
- 1988
