Case Note & Summary
The present First Appeal under Section 173 of the Motor Vehicles Act, 1988 was filed by the Gujarat State Road Transport Corporation (GSRTC) challenging the judgment and award dated 30.03.2024 passed by the Motor Accident Claims Tribunal (Special), Rajkot in Motor Accident Claim Petition No.1537 of 2018. The Tribunal had partly allowed the claim petition and held the GSRTC solely liable to pay compensation of Rs.23,10,000/- to the original claimants, who are the legal heirs of the deceased Kishorbhai Mohanbhai Chauhan. The accident occurred on 12.10.2018 when the deceased was riding his motorcycle on his extreme side of the road and a ST Bus bearing No.GJ-18-Z-1785, driven rashly and negligently by its driver, hit the motorcycle from behind, causing fatal injuries. The claimants sought compensation of Rs.32 lakh. The Tribunal, after considering evidence including FIR and panchnama, held the bus driver solely negligent and awarded Rs.23,10,000/-. The GSRTC appealed on two grounds: first, that the Tribunal erred in not considering contributory negligence on the part of the deceased motorcyclist, and second, that the compensation awarded was exorbitant. The High Court examined the submissions. The appellant's counsel argued that the deceased was also riding rashly and negligently, but the court noted that no evidence was produced to support this claim. The FIR and panchnama indicated that the bus hit the motorcycle from behind, which suggested negligence on the part of the bus driver. The court held that the burden to prove contributory negligence lay on the appellant, and in the absence of any evidence, the Tribunal's finding of sole negligence was correct. Regarding quantum, the appellant argued that the compensation was exorbitant, but the court found that the Tribunal had correctly assessed the notional income of the deceased at Rs.12,000/- per month, applied a multiplier of 16, and made appropriate deductions. The court concluded that the compensation was just and proper, and no interference was warranted. Consequently, the appeal was dismissed, and the impugned judgment and award were confirmed. No order as to costs.
Headnote
A) Motor Accident Claims - Contributory Negligence - Burden of Proof - Motor Vehicles Act, 1988, Section 173 - The appellant GSRTC alleged contributory negligence by the deceased motorcyclist, but failed to produce any evidence to support the claim. The Tribunal's finding of sole negligence on the bus driver was based on the FIR and panchnama showing the bus hit the motorcycle from behind. Held that in the absence of evidence, the finding of sole negligence is correct (Paras 4-5). B) Motor Accident Claims - Quantum of Compensation - Just and Fair Compensation - Motor Vehicles Act, 1988, Section 168 - The Tribunal awarded Rs.23,10,000/- based on notional income of Rs.12,000/- per month, multiplier of 16, and deductions as per law. The appellant argued the amount was exorbitant but did not challenge the income or multiplier. Held that the compensation is just and proper, and no interference is warranted (Paras 6-7).
Issue of Consideration
Whether the learned Tribunal erred in not considering contributory negligence on the part of the deceased motorcyclist and in awarding exorbitant compensation?
Final Decision
The appeal is dismissed. The impugned judgment and award dated 30.03.2024 passed by the Motor Accident Claims Tribunal (Special), Rajkot in MACP No.1537/2018 is confirmed. No order as to costs.
Law Points
- Motor Vehicles Act
- 1988
- Section 173
- contributory negligence
- burden of proof
- quantum of compensation
- rash and negligent driving
