Case Note & Summary
The case involves two cross-appeals arising from a motor accident claim petition filed by the father of a minor daughter who died in a road accident on 01.01.2010. The minor was standing on the roadside when an ST bus driven rashly and negligently hit her, causing fatal injuries. The claimant sought compensation of Rs. 5 lakh before the Motor Accident Claims Tribunal, Mahesana, which awarded Rs. 5 lakh with 9% interest, but attributed contributory negligence to the deceased. The claimant appealed for enhancement, while the Gujarat State Road Transport Corporation (GSRTC) appealed against the award. The High Court, after hearing both sides, held that the Tribunal erred in finding contributory negligence as the evidence showed the bus driver was solely negligent. The court enhanced the compensation by applying a notional income of Rs. 30,000 per annum (as per Second Schedule for non-earning persons), a multiplier of 15 (based on the deceased's age of 15 years), deducting 1/3rd for personal expenses, and adding Rs. 70,000 under conventional heads (funeral expenses, loss of estate, and loss of consortium). The total compensation was computed at Rs. 8,40,000, with interest at 7.5% per annum from the date of petition. The court directed the GSRTC to deposit the enhanced amount within eight weeks, with the claimant entitled to withdraw 70% and the rest kept in fixed deposit.
Headnote
A) Motor Accident Compensation - Minor's Death - Just and Fair Compensation - Motor Vehicles Act, 1988, Section 166 - The court held that compensation for a minor's death must be just and fair, considering notional income and multiplier as per settled law. The Tribunal's award of Rs. 5 lakh was enhanced to Rs. 8,40,000 by applying a notional income of Rs. 30,000 per annum, multiplier of 15, and deducting 1/3rd for personal expenses, plus conventional heads. (Paras 1-9) B) Motor Accident Compensation - Contributory Negligence - Motor Vehicles Act, 1988, Section 166 - The court held that the Tribunal's finding of contributory negligence against the deceased minor was not supported by evidence, as the accident occurred due to the rash and negligent driving of the ST bus driver. The entire negligence was attributed to the bus driver. (Paras 3-6) C) Motor Accident Compensation - Multiplier for Minor - Motor Vehicles Act, 1988, Section 166 - The court applied the multiplier of 15 as per the age of the deceased minor (15 years) following the principles in Sarla Verma v. DTC, (2009) 6 SCC 121. (Paras 7-8)
Issue of Consideration
Whether the compensation awarded by the Tribunal for the death of a minor in a motor accident is just and fair, and whether the Tribunal erred in applying the multiplier and assessing contributory negligence.
Final Decision
Both appeals are disposed of. The impugned judgment and award is modified. The appellant-claimant is entitled to total compensation of Rs. 8,40,000 with interest at 7.5% per annum from the date of petition till realization. The GSRTC is directed to deposit the enhanced amount within eight weeks. The claimant is permitted to withdraw 70% of the amount and the remaining 30% to be kept in fixed deposit for three years.
Law Points
- Just and fair compensation
- multiplier method for minors
- notional income
- deduction for personal expenses
- contributory negligence
- Motor Vehicles Act
- 1988 Section 166
