Case Note & Summary
The appeal was filed by the Oriental Insurance Company Limited against the judgment and award dated 27.06.2009 passed by the Civil Judge (Sr.Dn) & MACT, Madikeri, in MVC No.61/2003. The Tribunal had partly allowed the claim petition filed by the parents of the deceased Mohan, awarding compensation of Rs.3,49,000/- with interest at 6% per annum from the date of petition till deposit, fixing joint and several liability on respondent Nos.1 to 3 (the owner and driver of the lorry and the owner of the motorcycle). The accident occurred on 03.01.2003 at 07.30 a.m. when the deceased Mohan was riding a motorcycle bearing registration No.KA-12-1234 and a lorry bearing registration No.KA-12-5678 collided with it. The Tribunal held the lorry driver 100% negligent. The Insurance Company appealed, contending that the deceased was also negligent. The High Court examined the evidence, including the complaint and the spot sketch, and noted that the accident occurred on a straight road and the lorry was coming from the opposite direction. The court found that the deceased lost control of his motorcycle and dashed against the lorry, indicating contributory negligence. The court apportioned negligence equally at 50% each. Consequently, the compensation was reduced by 50% to Rs.1,74,500/- with interest at 6% per annum from the date of petition till deposit. The appeal was allowed in part, modifying the award accordingly.
Headnote
A) Motor Vehicles Act - Contributory Negligence - Apportionment of Liability - Section 173(1) Motor Vehicles Act, 1988 - The appeal challenged the Tribunal's finding of 100% negligence on the lorry driver in a collision between a motorcycle and a lorry. The High Court, after reviewing evidence, held that the deceased motorcyclist was also negligent as he lost control and dashed against the lorry. The court apportioned negligence equally at 50% each, reducing the compensation payable by the insurer proportionately. (Paras 5-8) B) Motor Vehicles Act - Compensation - Reduction Due to Contributory Negligence - Section 166 Motor Vehicles Act, 1988 - The Tribunal had awarded Rs.3,49,000/- with interest to the parents of the deceased. The High Court, finding contributory negligence, reduced the compensation by 50% to Rs.1,74,500/- with interest at 6% per annum from the date of petition till deposit. (Paras 8-9)
Issue of Consideration
Whether the Tribunal erred in fixing 100% negligence on the lorry driver and whether the compensation awarded is just and proper.
Final Decision
Appeal allowed in part. The finding of 100% negligence on the lorry driver is set aside. Both the deceased and the lorry driver are held equally negligent (50% each). The compensation of Rs.3,49,000/- is reduced to Rs.1,74,500/- with interest at 6% per annum from the date of petition till deposit. The award is modified accordingly.
Law Points
- Contributory negligence
- Motor vehicle accident
- Apportionment of liability
- Section 173(1) Motor Vehicles Act
- 1988
