Case Note & Summary
The present First Appeal under Section 173 of the Motor Vehicles Act, 1988 was filed by the appellants, who are the legal heirs of the deceased Shantibhai Khodabhai Gami, against the common judgment and award dated 15.04.2006 passed by the Motor Accident Claims Tribunal (Aux.), Junagadh in Motor Accident Claim Petition No.102 of 1999. The Tribunal had awarded compensation of Rs.3,64,500 with 7.5% per annum interest, holding Opponents No.1 and 2 (driver and owner of Truck No.GJ-11-U-8489) and Opponents No.4 and 5 (owner and insurance company of Truck No.HR-38-BG-0125) liable jointly and severally, with 50% liability each. The Tribunal exonerated Opponent No.3, the insurance company of the first truck. The brief facts are that on 22.09.1998 at about 10:00 p.m., the deceased was travelling in Truck No.GJ-11-U-8489, which was driven rashly and negligently by Opponent No.1, and it dashed with Truck No.HR-38-BG-0125 near village Tokrala on Ahmedabad-Limbdi National Highway. The deceased sustained serious injuries and succumbed. The legal heirs (father, mother, wife, and three minor children) filed a claim petition seeking Rs.10 lakh compensation. The Tribunal assessed the deceased's income at Rs.2,500 per month, applied multiplier of 15, deducted 1/3rd for personal expenses, and awarded Rs.3,64,500. The appellants sought enhancement. The High Court found that the Tribunal had not properly considered the evidence regarding income and multiplier. The Court noted that the deceased was 30 years old and a driver by profession, and his income should be assessed at Rs.3,000 per month. Applying multiplier of 15 and deducting 1/3rd, the loss of dependency was calculated as Rs.3,60,000. Adding Rs.1,50,000 for loss of consortium, Rs.25,000 for funeral expenses, and Rs.15,000 for loss of estate, the total compensation was enhanced to Rs.5,50,000. The Court upheld the apportionment of liability between the two tortfeasors, holding that the claimants are entitled to recover the entire amount from any one of them. The appeal was partly allowed.
Headnote
A) Motor Accident Claims - Compensation Enhancement - Section 173 Motor Vehicles Act, 1988 - Appellants sought enhancement of compensation awarded by Tribunal for death in a collision between two trucks - Court enhanced compensation from Rs.3,64,500 to Rs.5,50,000 with 7.5% interest per annum, applying multiplier of 15 and deducting 1/3rd for personal expenses - Held that Tribunal's assessment of income and multiplier was erroneous and required correction (Paras 1-7). B) Motor Accident Claims - Apportionment of Liability - Joint and Several Liability - Tribunal held driver and owner of first truck liable to 50% and owner and insurer of second truck liable to 50% jointly and severally - Court upheld apportionment as both drivers were negligent - Held that apportionment between joint tortfeasors is permissible and does not affect claimants' right to recover full amount from any one (Paras 1-7).
Issue of Consideration
Whether the compensation awarded by the Tribunal was just and proper, and whether the apportionment of liability between the two tortfeasors was correct.
Final Decision
Appeal partly allowed. Compensation enhanced from Rs.3,64,500 to Rs.5,50,000 with 7.5% interest per annum from the date of petition till realization. Apportionment of liability upheld. Claimants entitled to recover entire amount from any one of the joint tortfeasors.
Law Points
- Motor Vehicles Act
- 1988
- Section 173
- Compensation enhancement
- Apportionment of liability
- Joint and several liability
- Contributory negligence
