Case Note & Summary
The appellant, Reliance General Insurance Company Ltd., filed an appeal under Section 173 of the Motor Vehicles Act, 1988, against the judgment and award dated 18.12.2020 passed by the Motor Accident Claims Tribunal, Ankleshwar, in MACP No.24/2018. The accident occurred on 08.05.2018 when the deceased was riding his Passion Pro motorcycle (GJ-16-BR-8924) from Ankleshwar to Rajpipla. A tanker (GJ-16-V-5404) driven rashly and negligently dashed the motorcycle, causing the deceased's death on the spot. The claimants, legal heirs of the deceased, filed a claim petition seeking Rs.51 lakh compensation. The Tribunal held the tanker driver 80% negligent and the deceased motorcyclist 20% contributorily negligent. It assessed total compensation at Rs.33,51,250/-, deducted 20% (Rs.6,70,250/-) for contributory negligence, and awarded Rs.26,81,000/- with 9% interest per annum from the date of the claim petition. The insurance company appealed, challenging the finding of contributory negligence and the quantum. The High Court heard learned advocates for both sides. The court noted that the Tribunal's apportionment of negligence was based on evidence and did not find any perversity or error. The court dismissed the appeal, upholding the Tribunal's award. The judgment was delivered on 16.02.2026 by Justice Hasmukh D. Suthar.
Headnote
A) Motor Vehicles Act - Contributory Negligence - Apportionment of Negligence - Sections 166, 173 Motor Vehicles Act, 1988 - The appeal challenged the Tribunal's finding of 20% contributory negligence on the deceased motorcyclist and the compensation awarded. The High Court held that the Tribunal's apportionment of negligence was based on evidence and did not warrant interference. The court dismissed the appeal, affirming the award of Rs.26,81,000/- with 9% interest per annum. (Paras 1-3)
Issue of Consideration
Whether the learned Tribunal erred in holding the deceased motorcyclist 20% contributorily negligent and in awarding compensation of Rs.26,81,000/- with 9% interest?
Final Decision
The High Court dismissed the appeal, upholding the judgment and award of the Motor Accident Claims Tribunal, Ankleshwar, dated 18.12.2020 in MACP No.24/2018, awarding Rs.26,81,000/- with 9% interest per annum from the date of the claim petition.
Law Points
- Contributory negligence
- Motor accident compensation
- Apportionment of negligence
- Section 173 Motor Vehicles Act
- 1988
- Section 166 Motor Vehicles Act
Case Details
2026 LawText (GUJ) (02) 540
R/First Appeal No. 1957 of 2022
Chirayu A Mehta for Appellant, Nishit A Bhalodi for Respondents 1-4
The Reliance General Insurance Company Ltd.
Krishna Shyam Narayan Chaudhry & Ors.
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Nature of Litigation
Appeal under Section 173 of the Motor Vehicles Act, 1988 against the judgment and award of the Motor Accident Claims Tribunal in a claim petition under Section 166 of the MV Act.
Remedy Sought
The appellant insurance company sought to set aside the Tribunal's award of Rs.26,81,000/- with 9% interest, challenging the finding of 20% contributory negligence on the deceased motorcyclist.
Filing Reason
The insurance company disputed the apportionment of negligence and the quantum of compensation awarded by the Tribunal.
Previous Decisions
The Motor Accident Claims Tribunal, Ankleshwar, in MACP No.24/2018, held the tanker driver 80% negligent and the deceased motorcyclist 20% contributorily negligent, awarding Rs.26,81,000/- with 9% interest.
Issues
Whether the Tribunal erred in holding the deceased motorcyclist 20% contributorily negligent?
Whether the compensation awarded by the Tribunal is excessive?
Submissions/Arguments
The appellant insurance company argued that the deceased motorcyclist was solely negligent or that the apportionment of 20% contributory negligence was incorrect.
The respondents/claimants supported the Tribunal's finding and award.
Ratio Decidendi
The Tribunal's apportionment of negligence (80% tanker driver, 20% deceased motorcyclist) was based on evidence and not perverse; hence, no interference is warranted in appeal under Section 173 of the MV Act.
Judgment Excerpts
This appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the appellant–original opponent No.2 – Reliance General Insurance Company Ltd. against the impugned judgment and award dated 18.12.2020 passed by the learned Motor Accident Claims Tribunal, at Ankleshwar in Motor Accident Claim Petition No.24 of 2018 under Section 166 of the Motor Vehicles Act, 1988 wherein the learned Tribunal has held the deceased motorcyclist to be 20% contributory negligent and 80% on the part of Tanker driver and after deducting 20% towards contributory negligence of the deceased motorcyclist from total compensation of Rs.33,51,250/-, has been pleased to award Rs.26,81,000/- to the original claimants with interest at the rate of 9% per annum from the date of the claim petition.
After appreciating the evidence the learned Tribunal held the driver of Tanker to be 80% negligent and held the deceased motorcyclist to be 20% contributory negligent for the accident and accordingly, after deducting 20% towards contributory negligence of the deceased motorcyclist from total compensation of Rs.33,51,250/-, has been pleased to award Rs.26,81,000/- to the original claimants with interest at the rate of 9% per annum from the date of the claim petition.
Procedural History
The original claimants filed MACP No.24/2018 under Section 166 of the MV Act before the Motor Accident Claims Tribunal, Ankleshwar, seeking compensation for the death of the deceased in a motor accident. The Tribunal passed the award on 18.12.2020. The appellant insurance company filed the present appeal under Section 173 of the MV Act before the High Court of Gujarat, which was heard and dismissed on 16.02.2026.
Acts & Sections
- Motor Vehicles Act, 1988: 166, 173
