Case Note & Summary
The present appeal arises from a judgment and award dated 11.05.2017 passed by the Motor Accident Claims Tribunal (Aux.), Mahesana, in M.A.C.P. No. 59 of 2007, whereby the Tribunal partly allowed the claim petition and awarded Rs.4,34,167/- with 9% interest. The appellants, being the original claimants (parents of the deceased), sought enhancement of compensation. The facts reveal that on 26.09.2006 at about 5:30 a.m., the deceased Chaudhary Becharbhai, aged 28 years, was driving a Tata Indica car from Rajkot to Jamnagar. Near Falla village, his car dashed into the backside of a stationary truck bearing registration No. GT-10-X-5792, which was parked on the road without any signal, sign, or reflectors. The deceased sustained grievous injuries and succumbed. The claimants contended that the accident occurred solely due to the negligence of the truck driver in parking without precautions. The Tribunal, after considering evidence, held both drivers negligent and apportioned liability at 70% on the truck driver and 30% on the deceased. The Tribunal assessed the deceased's income at Rs.3,500 per month, applied multiplier of 13, deducted 1/3rd towards personal expenses, and awarded compensation under various heads. The High Court examined the issues of contributory negligence and multiplier. On negligence, the Court upheld the Tribunal's apportionment as based on evidence and not perverse. On multiplier, the Court found that the Tribunal erroneously applied multiplier of 13 instead of 17 as per Sarla Verma v. DTC, since the deceased was 28 years old. The Court also corrected the deduction for personal expenses from 1/3rd to 50% as the deceased was a bachelor. The Court declined to add 40% for future prospects due to lack of evidence. Conventional heads were enhanced as per Pranay Sethi. The Court recalculated compensation: Income Rs.3,500, after 50% deduction Rs.1,750, annual Rs.21,000, multiplied by 17 = Rs.3,57,000; plus loss of estate Rs.15,000, funeral expenses Rs.15,000, loss of consortium Rs.40,000 (Rs.40,000 each to two claimants, total Rs.80,000). Total compensation Rs.4,67,000. The appeal was partly allowed, enhancing compensation to Rs.4,67,000 with 9% interest from the date of petition.
Headnote
A) Motor Accident Claims - Contributory Negligence - Apportionment of Liability - Deceased car driver dashed into stationary truck parked without signals - Truck driver negligent for parking without reflectors, car driver negligent for not noticing - Apportionment of 70:30 in favor of claimants upheld as not perverse - Motor Vehicles Act, 1988 - Held that the Tribunal's finding on contributory negligence is based on evidence and does not warrant interference (Paras 3-5). B) Motor Accident Claims - Computation of Compensation - Multiplier - Deceased aged 28 years - Tribunal applied multiplier of 13 instead of 17 as per Sarla Verma v. DTC - Error corrected - Multiplier of 17 applied - Motor Vehicles Act, 1988 - Held that multiplier must be as per settled law based on age of deceased (Paras 6-7). C) Motor Accident Claims - Just Compensation - Future Prospects - Deceased was a driver earning Rs.3,500 per month - No evidence of future prospects - 40% addition for future prospects not warranted - Income assessed at Rs.3,500 per month - Motor Vehicles Act, 1988 - Held that in absence of proof of future prospects, no addition is permissible (Para 8). D) Motor Accident Claims - Deduction for Personal Expenses - Deceased was a bachelor - 50% deduction towards personal expenses applied correctly - Motor Vehicles Act, 1988 - Held that for a bachelor, 50% deduction is appropriate (Para 9). E) Motor Accident Claims - Conventional Heads - Loss of Estate, Funeral Expenses, Loss of Consortium - Tribunal awarded Rs.5,000, Rs.5,000, and Rs.10,000 respectively - Enhanced to Rs.15,000, Rs.15,000, and Rs.40,000 as per Pranay Sethi - Motor Vehicles Act, 1988 - Held that conventional heads must be as per Supreme Court guidelines (Para 10).
Issue of Consideration
Whether the learned Tribunal erred in apportioning contributory negligence at 70:30 and in applying multiplier of 13 instead of 17 for computing compensation.
Final Decision
Appeal partly allowed. Compensation enhanced from Rs.4,34,167/- to Rs.4,67,000/- with interest at 9% per annum from date of petition till realization. Apportionment of liability upheld. No order as to costs.
Law Points
- Negligence
- Contributory Negligence
- Apportionment of Liability
- Multiplier
- Just Compensation
- Motor Vehicles Act
- 1988
