Case Note & Summary
The case arises from a motor accident that occurred on 25.11.2001 when the deceased, Prakashbhai Ratilal Shah, was traveling as a pillion rider on a motorcycle. The motorcycle was hit by a truck, resulting in fatal injuries to the deceased. The claimants, being the legal heirs of the deceased, filed a claim petition seeking compensation of Rs.20,00,000. The Motor Accident Claims Tribunal partly allowed the claim and awarded Rs.15,05,000 with interest at 7.5% per annum. The insurance company appealed against the award, contending that the deceased was guilty of contributory negligence as he was not wearing a helmet and the motorcycle was being driven negligently. The High Court examined the evidence and found that the deceased, as a pillion rider, had a duty to wear a helmet and that his failure to do so contributed to the severity of the injuries. The court also noted that the motorcycle driver was negligent. Applying the principle of contributory negligence, the court apportioned 20% negligence to the deceased. Regarding quantum, the court found that the Tribunal had applied a multiplier of 15, whereas as per the settled law in Sarla Verma v. Delhi Transport Corporation, the appropriate multiplier for a 39-year-old is 14. The court recalculated the compensation by taking the monthly income of Rs.15,000, deducting 1/3rd towards personal expenses, applying multiplier 14, and then deducting 20% for contributory negligence. The court also awarded conventional heads. The final compensation was reduced to Rs.11,76,000. The appeals were partly allowed, modifying the award accordingly.
Headnote
A) Motor Accident Claims - Contributory Negligence - Deceased as pillion rider - Deceased was not wearing a helmet and the motorcycle was being driven negligently - Held that the deceased contributed to the accident and his negligence must be apportioned at 20% - Compensation reduced accordingly (Paras 6-8). B) Motor Accident Claims - Quantum of Compensation - Income of deceased - Deceased was a businessman earning Rs.15,000 per month - Tribunal applied multiplier of 15 and deducted 1/3rd towards personal expenses - Held that the multiplier should be 14 as per Sarla Verma case - Compensation recalculated (Paras 9-10).
Issue of Consideration
Whether the deceased was guilty of contributory negligence and whether the compensation awarded by the Tribunal was excessive.
Final Decision
Appeals partly allowed. The impugned judgment and award is modified. The total compensation is reduced to Rs.11,76,000 with interest at 7.5% per annum from the date of filing of the claim petition till realization. The insurance company is directed to deposit the modified amount within eight weeks.
Law Points
- Contributory negligence
- Motor Accident Claims
- Reduction of compensation
- Apportionment of liability
