Case Note & Summary
The appeal arises from a motor accident claim where the deceased, Wasim Maheboobbhai Bhayani, was driving a luxury bus (GJ-03-W-9841) on 04.12.2017 when another luxury bus (GJ-14-X-3222) driven rashly and negligently collided with his bus, causing fatal injuries. The claimants, being the legal heirs of the deceased, filed MACP No.14/2018 before the Motor Accident Claims Tribunal (Auxi.), Anand, seeking compensation of Rs.20 lakh. The Tribunal partly allowed the claim, awarding Rs.25,18,000/- as total compensation but deducting 50% for contributory negligence of the deceased, resulting in a net award of Rs.12,59,000/- with 9% interest. The claimants appealed under Section 173 of the Motor Vehicles Act, 1988. The High Court considered the evidence and found that the Tribunal erred in attributing contributory negligence to the deceased without any evidence; the accident was solely due to the other driver's rashness. The Court also noted that the deceased was an employee driver of respondent No.3, and his risk was statutorily covered under Section 147 of the MV Act, making the insurance company (respondent No.4) liable. Additionally, the Tribunal failed to add 40% future prospects to the deceased's income as per legal precedents. The High Court allowed the appeal, set aside the finding of contributory negligence, and directed the insurance company to pay the full compensation of Rs.25,18,000/- with 9% interest from the date of the claim petition.
Headnote
A) Motor Accident Claims - Contributory Negligence - Deceased Driver - The Tribunal erroneously attributed 50% contributory negligence to the deceased driver without any evidence of his negligence; the accident was caused solely by the rash driving of the other bus driver. Held that the finding of contributory negligence is perverse and set aside (Paras 5-6). B) Motor Vehicle Insurance - Statutory Coverage - Section 147 Motor Vehicles Act, 1988 - The deceased was a driver employed by respondent No.3, and his risk was statutorily covered under Section 147 of the MV Act. Held that the insurance company (respondent No.4) is liable to pay the entire compensation amount (Para 6). C) Motor Accident Claims - Compensation Enhancement - Future Prospects - The Tribunal failed to add 40% future prospects to the deceased's income as per settled law. Held that the compensation amount be recalculated with 40% addition for future prospects (Para 6).
Issue of Consideration
Whether the learned Tribunal erred in attributing 50% contributory negligence to the deceased driver and whether the insurance company is liable to pay compensation under Section 147 of the Motor Vehicles Act, 1988.
Final Decision
The appeal is allowed. The impugned judgment and award dated 31.03.2022 is modified. The finding of 50% contributory negligence is set aside. The respondent No.4 - insurance company is directed to pay the entire compensation of Rs.25,18,000/- with interest at 9% per annum from the date of the claim petition to the appellants.
Law Points
- Contributory negligence cannot be attributed to deceased driver without evidence
- Insurance company liable under Section 147 MV Act for employee driver
- Compensation computation under Section 166 MV Act
