Case Note & Summary
The Gujarat High Court disposed of two first appeals filed by Gujarat State Road Transport Corporation (GSRTC) against a common judgment and award dated 29.9.2021 passed by the Motor Accident Claims Tribunal, Patan, in MACP No.156 of 2013 and 20 of 2014. The appeals were filed under Section 173 of the Motor Vehicles Act, 1988, challenging the Tribunal's decision that held the GSRTC bus driver liable for the accident and exonerated the insurance company. The accident occurred on 30.1.2013 when a Tata Ace (Chhota Hathi) carrying about 40 passengers collided with an ST bus near Jilvana village. The deceased and injured were traveling in the Chhota Hathi, which was a goods vehicle not meant for passenger travel. The Tribunal had awarded compensation to the claimants, holding the bus driver negligent. The appellant argued that the Tribunal erred in not considering contributory negligence, as the FIR and chargesheet were filed against the Chhota Hathi driver, not the bus driver. The bus was on the correct side, while the Chhota Hathi came from the wrong side. The High Court found that the deceased contributed to the accident by traveling in an overloaded goods vehicle, which was illegal and dangerous. The court held that both drivers were equally negligent, and thus the deceased was 50% contributorily negligent. Consequently, the compensation awarded by the Tribunal was reduced by 50%. The appeals were partly allowed, modifying the award accordingly.
Headnote
A) Motor Vehicles Act - Contributory Negligence - Apportionment of Liability - Deceased traveling in goods vehicle (Chhota Hathi) with 40 passengers - ST bus driven on correct side - Chhota Hathi came from wrong side - Held that deceased contributed to accident by traveling in overloaded goods vehicle, thus 50% contributory negligence attributed to deceased - Compensation reduced by 50% (Paras 5-6).
Issue of Consideration
Whether the Tribunal erred in not considering contributory negligence of the deceased who was traveling in a goods vehicle (Chhota Hathi) with 40 passengers, and whether the compensation awarded should be reduced accordingly.
Final Decision
Appeals partly allowed. Impugned judgment and award modified. Compensation reduced by 50% due to contributory negligence of deceased. No order as to costs.
Law Points
- Contributory negligence
- Motor accident compensation
- Goods vehicle passenger
- Rash and negligent driving
- Apportionment of liability
Case Details
R/First Appeal No. 356 of 2023 with R/First Appeal No. 369 of 2023
Mr. H.S. Munshaw for Appellant, Mr. Ankit Shah for Defendant Nos.1.1,1.2, Ms. Hina Desai for Defendant No.5
Gujarat State Road Transport Corporation Through Chairman
LHR of Decd Mumtazben Hamidbhai Sipai Parmar & Ors.
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Nature of Litigation
First appeals under Section 173 of Motor Vehicles Act, 1988 against common judgment and award of Motor Accident Claims Tribunal, Patan.
Remedy Sought
Appellant sought reduction of compensation on ground of contributory negligence of deceased.
Filing Reason
Appellant aggrieved by Tribunal's award holding bus driver solely negligent and exonerating insurance company.
Previous Decisions
Motor Accident Claims Tribunal, Patan awarded compensation to claimants in MACP No.156 of 2013 and 20 of 2014 vide judgment dated 29.9.2021.
Issues
Whether the Tribunal erred in not considering contributory negligence of the deceased who was traveling in a goods vehicle (Chhota Hathi) with 40 passengers?
Whether the compensation awarded should be reduced due to contributory negligence?
Submissions/Arguments
Appellant argued that bus was driven at permissible speed, no evidence of rash driving, FIR and chargesheet filed against Chhota Hathi driver, Chhota Hathi was goods vehicle carrying 40 passengers, bus was on correct side while Chhota Hathi came from wrong side.
Claimants argued that Tribunal correctly held bus driver negligent.
Ratio Decidendi
The deceased traveling in a goods vehicle (Chhota Hathi) with 40 passengers contributed to the accident by being in an overloaded vehicle not meant for passenger travel. Both drivers were equally negligent, hence 50% contributory negligence attributed to deceased, reducing compensation by 50%.
Judgment Excerpts
the Tribunal admitted the fact that ST bus was going on correct side and Chhota Hathi was coming from wrong side, however, wrongly held...
the deceased contributed to the accident by traveling in an overloaded goods vehicle, which was illegal and dangerous.
Procedural History
Claim petitions filed before Motor Accident Claims Tribunal, Patan (MACP No.156/2013 and 20/2014). Tribunal passed common judgment and award on 29.9.2021. Appellant filed First Appeals No.356/2023 and 369/2023 before Gujarat High Court. High Court disposed of appeals by common judgment on 27.2.2026.
Acts & Sections
- Motor Vehicles Act, 1988: Section 173
