Case Note & Summary
The present appeal was filed by the Gujarat State Road Transport Corporation (original respondent) under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment and award dated 30.09.2021 passed by the Motor Accident Claims Tribunal (Main), District Court Kheda at Nadiad in MACP No.265 of 2019. The claim petition was filed by the legal heirs of deceased Bakabhai Sardarbhai Bhabhor under Section 166 of the MV Act seeking compensation of Rs.25,00,000/- for the death of the deceased in a motor accident. The accident occurred on 02.02.2018 when the deceased was riding a motorcycle bearing registration No.GJ-23-L-7138 and an ST Bus bearing registration No.GJ-18-Z-2291, driven in a rash and negligent manner, dashed with the motorcycle, causing fatal injuries. The Tribunal awarded compensation of Rs.14,72,000/- with 9% interest, apportioning 90% negligence on the ST Bus driver and 10% on the deceased motorcyclist. The appellant Corporation contended that the deceased was 100% negligent as he suddenly crossed the road from behind parked trucks, and that the compensation was exorbitant without income proof. The High Court examined the evidence, including the deposition of the ST Bus driver, and found no perversity in the Tribunal's finding on negligence, as the bus driver had a duty to anticipate such movements. However, the Court reduced the deceased's income from Rs.9,800/- to Rs.7,000/- per month based on minimum wages for an unskilled worker, and reduced conventional damages from Rs.70,000/- to Rs.50,000/- as per Pranay Sethi. The total compensation was recalculated, and the appeal was partly allowed, reducing the award accordingly.
Headnote
A) Motor Vehicles Act - Contributory Negligence - Apportionment of Liability - Sections 166, 173 Motor Vehicles Act, 1988 - The appeal challenged the Tribunal's finding of 90% negligence on the ST Bus driver. The High Court upheld the apportionment, finding no perversity in the Tribunal's assessment based on evidence, and rejected the appellant's claim of 100% negligence on the deceased motorcyclist. (Paras 1-6) B) Motor Vehicles Act - Compensation - Income Proof - Sections 166, 173 Motor Vehicles Act, 1988 - The appellant contended that the Tribunal erred in assessing the deceased's income at Rs.9,800/- without proof. The High Court reduced the income to Rs.7,000/- per month as per the minimum wage schedule for an unskilled worker, and accordingly reduced the compensation. (Paras 5-6) C) Motor Vehicles Act - Conventional Damages - Sections 166, 173 Motor Vehicles Act, 1988 - The High Court reduced the conventional damages (funeral expenses, loss of estate, loss of consortium) from Rs.70,000/- to Rs.50,000/- as per the decision in National Insurance Co. Ltd. v. Pranay Sethi. (Para 6)
Issue of Consideration
Whether the Tribunal erred in apportioning 90% negligence on the ST Bus driver and in awarding exorbitant compensation without proper income proof.
Final Decision
The appeal is partly allowed. The judgment and award dated 30.09.2021 is modified. The compensation is reduced from Rs.14,72,000/- to a recalculated amount based on income of Rs.7,000/- per month and conventional damages of Rs.50,000/-. The rate of interest remains 9% per annum. The appellant is directed to deposit the modified amount within eight weeks.
Law Points
- Contributory negligence
- Apportionment of liability
- Motor accident compensation
- Income proof
- Conventional damages
