Case Note & Summary
The present appeal arises from the impugned judgment and award dated 07.09.2013 passed by the Motor Accident Claims (Aux.) Tribunal at Surat in Motor Accident Claims Petition No.109 of 2006. By the impugned judgment and award, the Tribunal was pleased to award a sum of Rs.8,00,960/- with simple interest at the rate of 9% per annum from the date of filing of the claim petition till realization jointly and severally from opponent Nos.1 & 2. The accident in question had happened on 08.01.2006 when the deceased Sunilbhai Jesabhai Gamit was riding his motorcycle bearing registration No.GJ-19-K-3538. A truck bearing registration No.GJ-5-T-9389, driven by opponent No.1 Ashoksing Ramakantsing Chouhan, came from behind and dashed against the motorcycle, causing fatal injuries to the deceased. The claimants, being the widow and children of the deceased, filed the claim petition seeking compensation. The Tribunal attributed contributory negligence to the deceased and awarded a meager amount. The appellants challenged the judgment on two grounds: attribution of negligence and quantum of compensation. The court held that the truck driver was solely negligent as the motorcycle was ahead and the truck driver failed to maintain safe distance and control. On quantum, the court noted that the deceased was 35 years old, earning Rs.3,000 per month as a tailor. Applying the multiplier of 16 and adding 40% future prospects, the court enhanced the compensation to Rs.12,00,000. The appeal was partly allowed.
Headnote
A) Motor Accident Claims - Negligence Attribution - Contributory Negligence - Motor Vehicles Act, 1988, Section 166 - The court examined whether the Tribunal erred in attributing negligence to the deceased motorcyclist. The accident occurred when a truck hit the motorcycle from behind. The court held that the truck driver was solely negligent as the motorcycle was ahead and the truck driver failed to maintain safe distance and control. (Paras 4-6) B) Motor Accident Claims - Quantum of Compensation - Multiplier and Future Prospects - Motor Vehicles Act, 1988, Section 168 - The court considered the adequacy of compensation awarded by the Tribunal. The deceased was 35 years old, earning Rs.3,000 per month as a tailor. Applying the multiplier of 16 and adding 40% future prospects, the court enhanced the compensation from Rs.8,00,960 to Rs.12,00,000. (Paras 7-10)
Issue of Consideration
Whether the Tribunal correctly attributed negligence to the deceased motorcyclist and whether the quantum of compensation awarded was just and proper.
Final Decision
The appeal is partly allowed. The impugned judgment and award is modified. The total compensation is enhanced from Rs.8,00,960 to Rs.12,00,000. The finding on negligence is set aside, holding the truck driver solely negligent. The enhanced amount shall be paid with interest at 9% per annum from the date of filing of the claim petition till realization.
Law Points
- Negligence attribution
- contributory negligence
- quantum of compensation
- multiplier method
- future prospects
- Motor Vehicles Act
- 1988
