Case Note & Summary
The present appeal was filed under Section 173 of the Motor Vehicles Act, 1988, by the original claimant, a minor represented through his natural guardian, aggrieved by the judgment and award dated 8.10.2014 passed by the Motor Accident Claims Tribunal (Main), Panchmahal at Godhra in MACP No. 705 of 2010. The Tribunal had partly allowed the claim petition under Section 166 of the Act, awarding Rs. 2,52,000 with interest at 9% per annum, but apportioned 30% contributory negligence on the claimant. The claimant sought enhancement of compensation by Rs. 2,48,000 and challenged the negligence apportionment. The accident occurred on 20.02.2010 when the claimant, a pillion rider on a motorcycle, was hit by a truck coming from the opposite direction. The claimant suffered grievous injuries including fracture of the right leg and remained hospitalized. The Tribunal held the truck driver 70% negligent and the motorcycle rider 30% negligent, attributing contributory negligence to the claimant as a pillion rider. The High Court, after hearing the parties, set aside the apportionment of contributory negligence against the minor claimant, holding that a pillion rider cannot be held contributorily negligent as he had no control over the vehicle. The court held the truck driver and owner 100% liable. On quantum, the court considered the claimant's notional income of Rs. 15,000 per annum (as per Second Schedule for a minor) and applied 40% future prospects, arriving at Rs. 21,000 per annum. Applying a multiplier of 18, the loss of future income was calculated at Rs. 3,78,000. The court enhanced compensation for pain, shock and suffering from Rs. 25,000 to Rs. 50,000, and awarded Rs. 25,000 for medical expenses, Rs. 10,000 for transportation and special diet, and Rs. 10,000 for attendant charges. The total compensation was enhanced to Rs. 4,00,000, with interest at 9% per annum from the date of filing of the claim petition. The appeal was partly allowed.
Headnote
A) Motor Accident Claims - Negligence Apportionment - Contributory Negligence - Section 166 Motor Vehicles Act, 1988 - The court examined whether the Tribunal correctly apportioned 30% contributory negligence on the minor claimant who was a pillion rider on a motorcycle involved in a collision with a truck. The court held that the pillion rider cannot be attributed contributory negligence as he had no control over the vehicle, and the accident was solely caused by the rash driving of the truck driver. The apportionment was set aside, and the truck driver and owner were held 100% liable. (Paras 4-6) B) Motor Accident Claims - Quantum of Compensation - Minor Claimant - Future Prospects - Section 166 Motor Vehicles Act, 1988 - The court considered the notional income of the minor claimant and applied future prospects at 40% as per Pranay Sethi guidelines. The court enhanced compensation under the head of pain, shock and suffering from Rs. 25,000 to Rs. 50,000, and awarded Rs. 25,000 for medical expenses, Rs. 10,000 for transportation and special diet, and Rs. 10,000 for attendant charges. The total compensation was enhanced from Rs. 2,52,000 to Rs. 4,00,000. (Paras 7-10) C) Motor Accident Claims - Interest Rate - Section 166 Motor Vehicles Act, 1988 - The court maintained the interest rate at 9% per annum from the date of filing of the claim petition, as awarded by the Tribunal, finding it reasonable. (Para 11)
Issue of Consideration
Whether the Tribunal erred in apportioning contributory negligence at 30% against the minor claimant and in awarding inadequate compensation under various heads.
Final Decision
The appeal is partly allowed. The impugned judgment and award is modified. The apportionment of 30% contributory negligence against the claimant is set aside. The opponents (truck driver, owner, and insurer) are held jointly and severally liable to pay the entire compensation. The total compensation is enhanced from Rs. 2,52,000 to Rs. 4,00,000. The rate of interest at 9% per annum from the date of filing of the claim petition is maintained. The Insurance Company is directed to deposit the enhanced amount with accrued interest within eight weeks.
Law Points
- Motor Accident Claims
- Negligence Apportionment
- Contributory Negligence
- Quantum of Compensation
- Minor Claimant
- Future Prospects
- Pain and Suffering
- Medical Expenses
- Section 166 Motor Vehicles Act
- 1988
- Section 173 Motor Vehicles Act
