Case Note & Summary
The appellant, Navinbhai Trikmabhai Kag (Patel), was the original claimant in a motor accident claim arising from an accident on 03.04.1999. He was driving his scooter from Kunvarla to Dhanera when a jeep coming from the opposite side, driven rashly and negligently, lost control and dashed into his scooter, causing serious injuries. The claimant initially filed a petition under Section 163-A of the Motor Vehicles Act, 1988, which was later converted to a petition under Section 166. The Motor Accident Claims Tribunal (Auxi.), Deesa, in Claim Petition No.2667/2009, held the jeep driver 80% negligent and the claimant 20% contributorily negligent, awarding Rs.4,51,898/- after deducting 20% from the total compensation of Rs.5,64,872/-. The claimant appealed challenging the contributory negligence and seeking enhancement. The High Court examined the panchnama and evidence, noting that the accident occurred on a bridge and the claimant was on his correct side. The court found that the jeep driver was solely negligent, but considering the possibility of minor deviation, reduced the claimant's contributory negligence to 10%. On compensation, the court found the award inadequate and enhanced it by Rs.1,00,000/- under various heads including pain, suffering, loss of amenities, and future medical expenses. The appeal was partly allowed, modifying the award to Rs.6,64,872/- before deduction, with 10% contributory negligence, resulting in a net compensation of Rs.5,98,384.80, with interest at 7.5% per annum from the date of petition.
Headnote
A) Motor Accident Claims - Contributory Negligence - Apportionment of Negligence - Motor Vehicles Act, 1988, Section 166 - The court examined whether the Tribunal correctly apportioned 20% negligence to the claimant. Held that based on the panchnama and evidence, the jeep driver was solely negligent; the claimant was on his correct side. The court reduced contributory negligence from 20% to 10% as a minor deviation could not be ruled out. (Paras 4-6) B) Motor Accident Claims - Compensation - Enhancement - Motor Vehicles Act, 1988, Section 166 - The court considered the claimant's injuries, medical expenses, and loss of income. Held that the compensation of Rs.5,64,872/- before deduction was inadequate; enhanced by Rs.1,00,000/- under various heads including pain, suffering, and loss of amenities. (Paras 7-9)
Issue of Consideration
Whether the learned Tribunal erred in fixing 20% contributory negligence on the claimant and whether the compensation awarded is just and proper.
Final Decision
The appeal is partly allowed. The impugned judgment and award is modified. The contributory negligence of the claimant is reduced from 20% to 10%. The total compensation is enhanced from Rs.5,64,872/- to Rs.6,64,872/-. After deducting 10% contributory negligence, the claimant is entitled to Rs.5,98,384.80 with interest at 7.5% per annum from the date of petition till realization. The respondent No.2 insurance company is directed to deposit the enhanced amount within eight weeks.
Law Points
- Contributory negligence
- Apportionment of negligence
- Compensation for injuries
- Motor Vehicles Act
- 1988
- Section 166
- Section 173
