Case Note & Summary
The case arises from a motor accident on 12.08.2014 when the deceased, Sartanbhai Bhalubhai Rathava, was returning as a pillion rider on a motorcycle driven by Jakirhussain. A jeep driven by opponent No.1 collided with the motorcycle, causing fatal injuries. The claimants, legal heirs of the deceased, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 before the Motor Accident Claims Tribunal, Godhra, which awarded Rs.13,49,000/- with 9% interest. The insurance company appealed, arguing that the deceased was guilty of contributory negligence as the motorcycle driver had no license and was speeding. The court examined the evidence, including the panchnama and deposition of the driver, and found that the motorcycle was being driven at excessive speed without a license, contributing to the accident. The court held that the deceased, by riding with such a driver, assumed risk and was 50% contributorily negligent. Consequently, the compensation was reduced by 50% to Rs.6,74,500/- with interest at 7.5% per annum. The cross-objections by the claimants for enhancement were dismissed.
Headnote
A) Motor Accident Compensation - Contributory Negligence - Deceased Motorcyclist - The court considered whether the deceased, who was riding pillion on a motorcycle driven by another without a license and at excessive speed, contributed to the accident - Held that the deceased by riding with an unlicensed driver and at high speed contributed to the accident, warranting 50% deduction in compensation (Paras 5-8). B) Motor Accident Compensation - Quantum - Deduction for Contributory Negligence - The Tribunal had awarded Rs.13,49,000/- with 9% interest - The High Court reduced the compensation by 50% due to contributory negligence, resulting in Rs.6,74,500/- with 7.5% interest (Paras 9-10).
Issue of Consideration
Whether the deceased motorcyclist was guilty of contributory negligence and whether the compensation awarded by the Tribunal was excessive.
Final Decision
The appeal is partly allowed. The impugned award is modified reducing the compensation by 50% to Rs.6,74,500/- with interest at 7.5% per annum from the date of filing till realization. The cross-objections are dismissed.
Law Points
- Contributory negligence
- Motor accident compensation
- Deduction for lack of driving license
- Violation of traffic rules
- Section 166 Motor Vehicles Act
- 1988
