Case Note & Summary
The present appeal arises from a judgment and award dated 13.08.2014 passed by the Motor Accident Claims Tribunal (Aux.) & 2nd Additional District Judge, Anand, in M.A.C.P. No. 313 of 2006, whereby the Tribunal awarded Rs.2,76,464/- with 9% interest to the appellants, who are the parents of the deceased Dilrajgiri Ghanshyamgiri Goswami. The deceased died in a vehicular accident on 06.05.2006 when his motorcycle was hit by another motorcycle driven rashly and negligently by opponent No.3, who lost control after a dog suddenly came on the road. The Tribunal held both drivers equally negligent, apportioning liability 50:50. The appellants challenged the quantum and the finding of contributory negligence. The High Court examined the evidence, including the FIR and panchnama, and found that the deceased was riding at moderate speed and had no time to react, while the opponent No.3 was driving rashly. The Court held that the entire negligence was on opponent No.3 and set aside the 50% apportionment. On quantum, the Court noted the deceased was 21 years old, earning Rs.3,000/- per month as a driver, and applied a multiplier of 18 with 1/3rd deduction for personal expenses, computing loss of dependency at Rs.4,32,000/-. Adding Rs.70,000/- under conventional heads (loss of estate, loss of consortium, funeral expenses), the total compensation was enhanced to Rs.5,02,000/- with 9% interest from the date of petition. The appeal was partly allowed.
Headnote
A) Motor Accident Claims - Contributory Negligence - Apportionment of Liability - The Tribunal erred in holding the deceased 50% contributory negligent as the accident occurred due to the rash and negligent driving of the opponent No.3 who lost control after a dog came on the road - The deceased was riding at moderate speed and had no opportunity to avoid the collision - Held that the entire negligence was on the part of the opponent No.3 (Paras 5-7). B) Motor Accident Claims - Compensation - Quantum - The Tribunal awarded Rs.2,76,464/- which was inadequate - The deceased was aged 21 years and earning Rs.3,000/- per month as a driver - Applying multiplier of 18 and deducting 1/3rd towards personal expenses, the loss of dependency is computed at Rs.4,32,000/- - Adding Rs.70,000/- under conventional heads, total compensation of Rs.5,02,000/- awarded - Held that the appeal is partly allowed with enhanced compensation (Paras 8-12).
Issue of Consideration
Whether the learned Tribunal was justified in holding the deceased contributory negligent to the extent of 50% and whether the compensation awarded is just and proper.
Final Decision
The appeal is partly allowed. The impugned judgment and award is modified. The finding of 50% contributory negligence against the deceased is set aside. The total compensation is enhanced from Rs.2,76,464/- to Rs.5,02,000/- with interest at 9% per annum from the date of filing of the claim petition till realization. The respondents are jointly and severally liable to pay the enhanced amount.
Law Points
- Motor Accident Claims
- Contributory Negligence
- Apportionment of Liability
- Rash and Negligent Driving
- Compensation Enhancement
