Case Note & Summary
The appeal was filed by the insurance company against the judgment and award dated 09.12.2009 passed by the MACT, Mangalore, in MVC No. 658/2008, awarding compensation of Rs. 2,58,000/- with interest at 6% p.a. to the claimants, who are the parents of the deceased Avinash Shetty. The accident occurred on 24.04.2007 at about 5.30 p.m. when the deceased was a pillion rider on a motorcycle bearing Regn.No.KA-19 V-7113 ridden by Kishore Kumar (respondent no.3). The rider drove the motorcycle in a rash and negligent manner, lost control, and the vehicle capsized, causing fatal injuries to the pillion rider. The claimants filed a claim petition under Section 166 of the Motor Vehicles Act, 1988. The MACT awarded compensation. The insurance company appealed, contending that the pillion rider was guilty of contributory negligence as he knowingly sat on a motorcycle driven by a person without a valid driving license and without wearing a helmet. The court analyzed the evidence and found that the pillion rider was aware that the rider had no license and did not wear a helmet, which contributed to the accident. The court held that the pillion rider was guilty of contributory negligence to the extent of 50%. Consequently, the court reduced the compensation by 50%, awarding Rs. 1,29,000/- with interest at 6% p.a. from the date of petition till realization. The appeal was partly allowed.
Headnote
A) Motor Vehicles Act - Contributory Negligence - Pillion Rider - Section 173(1) Motor Vehicles Act, 1988 - The appeal challenged the award of compensation for the death of a pillion rider in a motor accident. The court held that the pillion rider, by sitting on a motorcycle driven by a person without a valid driving license and by not wearing a helmet, contributed to the accident. The court reduced the compensation by 50% on account of contributory negligence. (Paras 5-8) B) Motor Vehicles Act - Compensation - Reduction - Section 173(1) Motor Vehicles Act, 1988 - The MACT had awarded Rs. 2,58,000/- with interest at 6% p.a. The High Court, finding contributory negligence, reduced the compensation to Rs. 1,29,000/- with interest at 6% p.a. from the date of petition till realization. (Paras 9-10)
Issue of Consideration
Whether the pillion rider was guilty of contributory negligence and whether the compensation awarded by the MACT is excessive.
Final Decision
Appeal partly allowed. Compensation reduced from Rs. 2,58,000/- to Rs. 1,29,000/- with interest at 6% p.a. from the date of petition till realization.
Law Points
- Contributory negligence
- Motor accident compensation
- Pillion rider negligence
- Reduction of compensation
- Section 173(1) Motor Vehicles Act
- 1988
