Case Note & Summary
The present appeal was filed by the Insurance Company (United India Insurance Company Limited) challenging the judgment and award dated 12th February 2004 passed by the Motor Accident Claims Tribunal, Aurangabad in Motor Accident Claim Petition No. 588 of 1999. The claimants, Chaban Hanumant Divekar and Suman Chaban Divekar, parents of the deceased, had sought compensation for the death of their son in a motor vehicle accident. The deceased was riding a motorcycle without a helmet and without a valid driving license when he was hit by a vehicle owned by respondent No. 3, Umesh Ramesh Pardeshi. The Tribunal awarded compensation of Rs. 3,84,000 with interest at 9% per annum from the date of petition. The Insurance Company appealed on the ground that the deceased was negligent and contributed to the accident. The court considered the evidence and found that the deceased was driving without a helmet and without a license, which amounted to contributory negligence. The court held that the Tribunal erred in not apportioning liability. The court reduced the compensation by 50% to Rs. 1,92,000, applying a multiplier of 16 based on the deceased's age of 35 years and monthly income of Rs. 3,000. The appeal was partly allowed, modifying the award accordingly.
Headnote
A) Motor Vehicles Act - Contributory Negligence - Apportionment of Liability - Deceased motorcyclist was driving without helmet and without valid driving license, contributing to the accident - Held that the Tribunal ought to have considered contributory negligence and apportioned liability accordingly - Appeal allowed in part, compensation reduced by 50% (Paras 5-10). B) Motor Vehicles Act - Compensation - Quantum - Deceased aged 35 years, earning Rs. 3,000 per month - Tribunal awarded Rs. 3,84,000 - Held that multiplier of 16 was appropriate but contributory negligence reduces amount - Modified award to Rs. 1,92,000 with interest (Paras 11-15).
Issue of Consideration
Whether the Motor Accident Claims Tribunal erred in not considering the contributory negligence of the deceased motorcyclist who was driving without a helmet and without a valid driving license, and whether the compensation awarded was excessive.
Final Decision
Appeal partly allowed. The judgment and award of the Motor Accident Claims Tribunal is modified. The claimants are entitled to compensation of Rs. 1,92,000 with interest at 9% per annum from the date of petition till realization. The Insurance Company is directed to pay the amount within eight weeks.
Law Points
- Contributory negligence
- Apportionment of liability
- Motor accident compensation
- Negligence of deceased
- Insurance liability
