Case Note & Summary
The appeal was filed by the insurance company challenging the judgment and award dated 19.07.2016 passed by the V Addl. District and Sessions Judge & VI Addl. MACT, Belagavi in MVC No.1673/2013, awarding compensation of Rs.17,21,000/- with interest at 9% p.a. to the claimants (respondents 1 and 2, the wife and minor son of the deceased) for the death of Siddappa Katagal @ Katagalli in a motor vehicle accident. The accident occurred on 25.05.2013 when the deceased was riding pillion on a motorcycle (KA 49/M 2360) which collided with a tractor (KA-22/T 5252). The Tribunal held the tractor owner and insurer liable, but the insurance company appealed contending contributory negligence by the deceased and the motorcycle driver. The High Court found that the deceased was not wearing a helmet and the motorcycle driver was driving rashly, contributing to the accident. Applying the principle of contributory negligence, the court attributed 50% negligence to the deceased and the motorcycle driver, and 50% to the tractor driver. Consequently, the insurance company's liability was reduced to 50% of the awarded amount. The court upheld the quantum of compensation as just and proper. The appeal was partly allowed, modifying the award to reflect 50% contributory negligence.
Headnote
A) Motor Accident Compensation - Contributory Negligence - Pillion Rider - Deceased pillion rider not wearing helmet and motorcycle driver driving rashly - Held that contributory negligence of 50% should be attributed to the deceased for not wearing helmet and to the motorcycle driver for rash driving, reducing the insurer's liability accordingly (Paras 5-6). B) Motor Accident Compensation - Quantum - Loss of Dependency - Deceased aged 25 years, earning Rs.6,000/- per month as a driver - Tribunal applied multiplier of 18 and deducted 1/3rd towards personal expenses - Held that compensation is just and proper, no interference needed (Paras 7-8).
Issue of Consideration
Whether the Tribunal erred in not attributing contributory negligence to the deceased pillion rider and in awarding excessive compensation?
Final Decision
Appeal partly allowed. The judgment and award of the Tribunal is modified to the extent that the appellant-insurance company is liable to pay 50% of the awarded compensation with interest, due to contributory negligence of 50% attributed to the deceased and the motorcycle driver.
Law Points
- Contributory negligence
- Motor accident compensation
- Negligence of pillion rider
- Apportionment of liability
- Section 173(1) Motor Vehicles Act
- 1988
