Case Note & Summary
The case arises from a motor accident claim petition filed by the legal representatives of the deceased Khajasab, who died in a road accident on 18-03-2008. The deceased was a pedestrian crossing the road when a TVS Star City motorcycle bearing registration KA-36-Q-8857, driven by its owner Chikka Narashimhalu, hit him. The claimants, including the widow, minor daughter, son, and mother of the deceased, sought compensation of Rs.10,00,000/- before the Motor Accidents Claims Tribunal at Gangavathi. The Tribunal, by judgment and award dated 15-06-2009 in MVC No.329/2008, held the driver negligent and awarded Rs.3,69,500/- with interest at 7% p.a. from the date of petition till deposit. The Insurance Company, National Insurance Co. Ltd., appealed against the award (MFA No.23745/2010) primarily on the ground that the deceased was negligent in crossing the road without observing traffic. The claimants filed a cross-objection (MFA Crob No.100195/2014) seeking enhancement of compensation. The High Court analyzed the evidence, including the complaint and charge sheet, and found that the deceased crossed the road without looking for oncoming vehicles, contributing to the accident. The court held that both the driver and the deceased were equally negligent, fixing contributory negligence at 50% on the deceased. Consequently, the compensation was reduced to Rs.1,84,750/- (50% of Rs.3,69,500/-). The cross-objection was dismissed. The court directed the Insurance Company to deposit the reduced amount with accrued interest, and the claimants were permitted to withdraw the same.
Headnote
A) Motor Vehicles Act - Contributory Negligence - Pedestrian Crossing Road - Deceased pedestrian crossed road without observing traffic and was hit by a TVS Star vehicle - Held that the deceased was equally negligent for the accident and contributory negligence to the extent of 50% should be fixed on him (Paras 10-12). B) Motor Vehicles Act - Compensation - Quantum - Deceased aged 67 years, vegetable vendor earning Rs.3,000/- per month - Tribunal awarded Rs.3,69,500/- - Held that after deducting 50% for contributory negligence, claimants are entitled to Rs.1,84,750/- with interest at 7% p.a. (Paras 13-15). C) Motor Vehicles Act - Cross-Objection - Enhancement of Compensation - Claimants sought enhancement - Held that since contributory negligence is fixed, cross-objection fails and is dismissed (Para 16).
Issue of Consideration
Whether the Tribunal erred in fixing negligence on the driver of the vehicle and in awarding compensation without considering contributory negligence of the deceased pedestrian.
Final Decision
The appeal (MFA No.23745/2010) is allowed in part. The judgment and award of the Tribunal is modified. The contributory negligence of the deceased is fixed at 50%. The claimants are entitled to compensation of Rs.1,84,750/- with interest at 7% p.a. from the date of petition till deposit. The cross-objection (MFA Crob No.100195/2014) is dismissed. The Insurance Company is directed to deposit the reduced amount with accrued interest within six weeks. The claimants are permitted to withdraw the same.
Law Points
- Contributory negligence
- Motor accident compensation
- Negligence of pedestrian
- Apportionment of liability
- Interest rate on compensation
