Case Note & Summary
The appeal arises from a judgment and award dated 29/10/2005 of the Motor Accident Claims Tribunal, Gondia, in Claim Petition No.40/2004. The Tribunal awarded compensation of Rs.9,48,160/- with interest to the legal representatives of deceased Indraraj Borkar, who died in a vehicular accident on 30/04/2004. The deceased was a High School Teacher aged 32 years, earning Rs.5,000/- per month. The Tribunal applied a multiplier of 17, added 50% towards future prospects, deducted 1/3rd for personal expenses, and awarded the said amount. The appellant-insurer challenged the award on the ground that the driver was not negligent and the quantum was excessive. The High Court, after considering the evidence, found that the driver of the Tata Sumo was negligent as he dashed the deceased from behind while he was cycling. The Court held that the Tribunal correctly assessed the income and future prospects, and the multiplier was appropriate. The appeal was dismissed, and the award was upheld.
Headnote
A) Motor Accident Claims - Negligence and Liability - Section 166 Motor Vehicles Act, 1988 - Deceased died in accident caused by rash and negligent driving of insured vehicle - Tribunal held driver-cum-owner and insurer jointly liable - High Court affirmed finding of negligence and liability of insurer (Paras 1-3). B) Motor Accident Claims - Quantum of Compensation - Deceased teacher aged 32 years, income Rs.5,000/- per month - Tribunal applied multiplier of 17, added 50% towards future prospects, deducted 1/3rd for personal expenses - Award of Rs.9,48,160/- upheld as just and proper (Paras 4-6).
Issue of Consideration
Whether the Tribunal erred in awarding compensation of Rs.9,48,160/- to the claimants and whether the appellant-insurer is liable to pay the same.
Final Decision
Appeal dismissed. The judgment and award dated 29/10/2005 passed by the Motor Accident Claims Tribunal, Gondia in Claim Petition No.40/2004 is upheld.
Law Points
- Liability of insurer
- quantum of compensation
- future prospects
- multiplier method
- contributory negligence
