Case Note & Summary
This appeal arises from a motor accident claim petition filed by the legal heirs of Thakor Bharatji Amaji, who died in a road accident on 22.02.2011. The deceased was riding a motorcycle when a bus driven by the respondent No.1, coming from the wrong side at high speed, collided with him. The deceased succumbed to injuries. The claimants, being the widow and children, sought compensation. The Motor Accident Claims Tribunal awarded Rs.4,82,000/- with 9% interest, assessing the deceased's notional income at Rs.3,000/- per month, applying multiplier 16, deducting 1/5th for personal expenses, and adding Rs.30,000/- for loss of consortium and Rs.15,000/- for funeral expenses. The Tribunal also held the deceased 10% contributory negligent. The claimants appealed for enhancement. The High Court considered the arguments that the Tribunal erred in not assessing income based on minimum wages, not awarding future prospects, and fixing contributory negligence. The Court held that in the absence of documentary evidence, the income should be taken as per minimum wages for a driver, i.e., Rs.3,000/- per month. Following Pranay Sethi, 40% future prospects were added. The finding of 10% contributory negligence was set aside as the bus driver was solely negligent. Applying multiplier 16, deducting 1/5th, and adding Rs.70,000/- under conventional heads (loss of consortium, loss of estate, funeral expenses), the total compensation was computed at Rs.6,18,400/-. The appeal was partly allowed, enhancing the award accordingly.
Headnote
A) Motor Accident Claims - Assessment of Income - Minimum Wages - In the absence of documentary evidence of income, the Tribunal ought to have assessed the income of the deceased based on the minimum wages prevailing at the time of the accident, especially when the deceased was a driver. The High Court held that the income should be taken as Rs.3,000/- per month as per minimum wages for a driver in 2011 (Paras 5-6). B) Motor Accident Claims - Future Prospects - Addition of 40% - Following the principles laid down in National Insurance Co. Ltd. v. Pranay Sethi, the Court held that 40% of the income should be added towards future prospects as the deceased was 32 years old and self-employed (Para 7). C) Motor Accident Claims - Contributory Negligence - Apportionment of Fault - The Tribunal's finding of 10% contributory negligence on the deceased was set aside as the accident occurred due to the bus driver's rash and negligent driving from the wrong side. The Court held that the bus driver was solely negligent (Para 8). D) Motor Accident Claims - Computation of Compensation - Multiplier and Deductions - Applying multiplier of 16 as per Sarla Verma v. DTC, deducting 1/5th towards personal expenses (5 dependents), and adding Rs.70,000/- under conventional heads, the total compensation was enhanced from Rs.4,82,000/- to Rs.6,18,400/- (Paras 9-10).
Issue of Consideration
Whether the Tribunal erred in assessing the income of the deceased on a notional basis instead of minimum wages, in not awarding future prospects, and in fixing 10% contributory negligence on the deceased.
Final Decision
The appeal is partly allowed. The judgment and award dated 30.03.2021 passed by the Motor Accident Claims Tribunal (Aux.), Mehsana at Visnagar in MACP No.1245 of 2012 is modified. The total compensation is enhanced from Rs.4,82,000/- to Rs.6,18,400/-. The enhanced amount shall carry interest at the rate of 7.5% per annum from the date of petition till realization. The finding of 10% contributory negligence is set aside.
Law Points
- Motor Accident Claims
- Contributory Negligence
- Future Prospects
- Notional Income
- Minimum Wages
- Multiplier
