Case Note & Summary
The present First Appeal under Section 173 of the Motor Vehicles Act, 1988 was filed by the appellants, who are the original claimants and legal heirs of the deceased Nilaykumar Gagubhai Zala, challenging the judgment and award dated 21.12.2021 passed by the learned Motor Accident Claims Tribunal (Auxiliary), Nadiad in Motor Accident Claim Petition No.304 of 2019. The deceased died in a vehicular accident on 10.02.2019 when his Activa scooter was hit by a Maruti Eeco car driven rashly and negligently from the opposite direction on the wrong side. The Tribunal held the car driver 80% negligent and the deceased scooterist 20% contributory negligent, awarding Rs.12,40,532/- after deducting 20% from the total compensation of Rs.15,50,664/-. The claimants appealed against the finding of contributory negligence and the quantum of compensation. The High Court heard learned advocate Mr. Nishit Bhalodi for the appellants and learned advocate Ms. Kirti Pathak for the insurance company. The court examined the panchnama (Exh.23) which showed that the accident occurred on the correct side of the deceased, and both vehicles had damage on their front portions. The court held that mere damage to front portions does not prove contributory negligence without evidence of which vehicle crossed the center line. The court reduced contributory negligence to 10% and enhanced compensation by applying multiplier 18 (deceased aged 23), adding 40% future prospects, deducting 1/4th for personal expenses, and awarding Rs.70,000 under conventional heads. The total compensation was recalculated as Rs.22,76,000/- with interest at 7.5% per annum from the date of petition till realization. The appeal was partly allowed.
Headnote
A) Motor Accident Claims - Contributory Negligence - Apportionment of Negligence - Motor Vehicles Act, 1988, Section 173 - The court held that the Tribunal erred in fixing 20% contributory negligence on the deceased scooterist merely because both vehicles had damage on their front portions, without any evidence to show which vehicle crossed the center line. The court reduced contributory negligence to 10% based on the panchnama showing the accident occurred on the correct side of the deceased. (Paras 5-7) B) Motor Accident Claims - Compensation - Multiplier and Deductions - Motor Vehicles Act, 1988, Section 166 - The court enhanced compensation by applying multiplier of 18 (instead of 17) based on deceased's age of 23 years, adding 40% future prospects, and deducting 1/4th towards personal expenses. The court also awarded Rs.70,000 under conventional heads as per Pranay Sethi. (Paras 8-12)
Issue of Consideration
Whether the learned Tribunal erred in holding the deceased scooterist 20% contributory negligent based solely on the panchnama showing damage to front portions of both vehicles, and whether the compensation awarded was just and proper.
Final Decision
The appeal is partly allowed. The finding of 20% contributory negligence is reduced to 10%. The total compensation is enhanced to Rs.22,76,000/- with interest at 7.5% per annum from the date of petition till realization. The insurance company is directed to deposit the enhanced amount within eight weeks.
Law Points
- Contributory negligence must be proved by evidence
- not mere inference from damage to front portions of vehicles
- Motor Vehicles Act
- 1988
- Section 173
