Case Note & Summary
The appeal was filed by the Divisional Manager of New India Assurance Company Ltd. against the judgment and award of the Motor Accident Claims Tribunal, Nagpur, in Claim Petition No.1135/2006 dated 26.03.2010. The claimants, being the widow, minor children, and parents of the deceased Vinod Shrivas, sought compensation of Rs.10,00,000 for his death in a motor accident. The deceased was a Manager in a Beer Bar earning Rs.10,000 per month. On 15.08.2006, while he was riding his motorcycle on National Highway No.6, a travel bus owned by respondent No.6 and insured with the appellant came from the opposite direction at high speed and dashed against his motorcycle, causing his death and that of the pillion rider. The Tribunal held the bus driver negligent and awarded Rs.3,06,000 as loss of dependency, applying a multiplier of 17 and deducting 50% for personal expenses, with the deceased's income assessed at Rs.3,000 per month. The Insurance Company appealed, challenging the finding of negligence and the quantum of compensation. The High Court dismissed the appeal, upholding the Tribunal's findings. It held that the evidence of the claimants' witnesses and the police report clearly established the bus driver's rash and negligent driving. The plea of contributory negligence was rejected for lack of evidence. The assessment of income at Rs.3,000 per month was deemed reasonable in the absence of documentary proof. The multiplier of 17 and 50% deduction for personal expenses were correctly applied. The court also noted that the owner of the bus was deleted from the array of parties by order dated 30.11.2012. The appeal was dismissed with no order as to costs.
Headnote
A) Motor Accident Claims - Negligence - Rash and Negligent Driving - The Tribunal held that the bus driver was rash and negligent in driving the bus which dashed against the motorcycle of the deceased, causing his death. The Insurance Company's appeal against this finding was dismissed as the evidence of the claimants' witnesses and the police report supported the finding of negligence. (Paras 5-7) B) Motor Accident Claims - Assessment of Income - Deceased's Income - The Tribunal assessed the income of the deceased, who was working as a Manager in a Beer Bar, at Rs.3,000 per month in the absence of documentary evidence, rejecting the claim of Rs.10,000 per month. The High Court upheld this assessment as reasonable. (Paras 8-9) C) Motor Accident Claims - Compensation - Multiplier and Deductions - The Tribunal applied a multiplier of 17 and deducted 50% towards personal expenses, awarding Rs.3,06,000 as loss of dependency. The High Court upheld this calculation, noting that the deceased was aged 30 years and had 5 dependents. (Paras 10-11) D) Motor Accident Claims - Contributory Negligence - The Insurance Company's plea of contributory negligence was rejected as there was no evidence to show that the deceased was negligent. The bus driver was solely responsible for the accident. (Para 7)
Issue of Consideration
Whether the Motor Accident Claims Tribunal erred in holding the bus driver negligent and in assessing the deceased's income and compensation amount.
Final Decision
The appeal is dismissed. The judgment and award of the Motor Accident Claims Tribunal, Nagpur, dated 26.03.2010 in Motor Accident Claim Petition No.1135/2006 is confirmed. No order as to costs.
Law Points
- Negligence in motor accident
- assessment of income
- multiplier method
- deduction for personal expenses
- contributory negligence
- liability of insurer
