Case Note & Summary
The case arises from a motor accident claim filed by the legal heirs of Ishwarsinh Makwana, who died in a road accident on 14.01.2014. The claimants alleged that the deceased was walking by the side of the road from Godhra to Shahera when a motorcycle bearing registration No. GJ-17-S-9000, driven rashly and negligently, hit him, causing fatal injuries. The claimants filed MAC Petition No. 207 of 2014 before the Motor Accident Claims Tribunal (Main), Panchmahals at Godhra, seeking compensation. The Tribunal partly allowed the claim and awarded Rs. 8,50,000/- with interest. The appellant, National Insurance Co. Ltd., being the insurer of the motorcycle, appealed under Section 173 of the Motor Vehicles Act, 1988, challenging the award on the ground that the Tribunal failed to consider contributory negligence of the deceased. The appellant argued that the deceased was walking on the middle of the road, not on the side, and that the complaint was initially filed against an unknown vehicle, with the motorcycle's number given later, suggesting planting of the vehicle. The respondents (claimants and owner/driver) opposed the appeal. The High Court, after hearing the parties and perusing the record, found that the deceased was walking on the middle of the road, which constituted contributory negligence. The court held that both the deceased and the motorcycle driver were equally negligent, and therefore, the compensation should be reduced by 50%. The court modified the award, reducing the compensation to Rs. 4,25,000/- with proportionate costs and interest. The appeal was partly allowed.
Headnote
A) Motor Accident Compensation - Contributory Negligence - Pedestrian Walking on Middle of Road - Deceased pedestrian was walking on the middle of the road and was hit by a motorcycle - Held that the deceased contributed to the accident by his own negligence, warranting 50% apportionment of liability - Motor Vehicles Act, 1988, Section 173 (Paras 5-7). B) Motor Accident Compensation - Quantum of Compensation - Reduction Due to Contributory Negligence - Tribunal awarded Rs. 8,50,000/- without considering contributory negligence - High Court reduced compensation by 50% after finding deceased equally negligent - Held that compensation must be reduced proportionately (Paras 7-8).
Issue of Consideration
Whether the Tribunal erred in not apportioning contributory negligence on the part of the deceased pedestrian who was walking on the middle of the road, and whether the compensation awarded was excessive.
Final Decision
The appeal is partly allowed. The judgment and award dated 03.02.2022 passed by the Motor Accident Claims Tribunal (Main), Panchmahals at Godhra in MAC Petition No. 207 of 2014 is modified. The claimants are entitled to 50% of the awarded amount i.e., Rs. 4,25,000/- with proportionate costs and interest. The appellant Insurance Company is directed to deposit the modified amount within eight weeks.
Law Points
- Contributory negligence
- Apportionment of liability
- Pedestrian negligence
- Motor accident compensation
- Section 173 Motor Vehicles Act
- 1988
