Case Note & Summary
The case arises from a motor accident that occurred on 26.12.2009 involving a motorcycle ridden by the deceased and a lorry owned by respondent no.5 and insured by the appellant insurance company. The deceased died in the accident. The claimants, being the legal representatives of the deceased, filed a claim petition before the Motor Accidents Claims Tribunal (MACT), Mangalore, seeking compensation. The Tribunal, by judgment and award dated 23.6.2012 in MVC No.1259/2010, held the lorry driver solely negligent and awarded Rs.22,12,000/- with interest at 6% p.a. from the date of petition till realization. The insurance company appealed against the award (MFA No.8384/2012), contending that the deceased was contributory negligent as he was riding on the wrong side of the road. The claimants also appealed (MFA No.8039/2015) seeking enhancement of compensation. The High Court, after hearing both sides, examined the evidence including the spot sketch and the complaint. It found that the accident occurred on a straight road and the deceased motorcyclist was on the wrong side, which contributed to the accident. The Court held that both the lorry driver and the deceased were equally negligent, apportioning liability at 50% each. Consequently, the compensation awarded by the Tribunal was reduced by 50%. The Court also upheld the interest rate of 6% p.a. The appeals were disposed of accordingly, with the insurance company's appeal allowed in part and the claimants' appeal dismissed.
Headnote
A) Motor Vehicles Act - Contributory Negligence - Apportionment of Liability - Section 173(1) Motor Vehicles Act, 1988 - The deceased motorcyclist was riding on the wrong side of the road and dashed against a lorry coming from the opposite direction. The Tribunal held the lorry driver solely negligent. The High Court, on appeal, found that the deceased was also negligent and apportioned liability equally at 50% each. (Paras 1-10) B) Motor Vehicles Act - Compensation - Quantum - Section 173(1) Motor Vehicles Act, 1988 - The Tribunal awarded Rs.22,12,000/- with interest at 6% p.a. The High Court, after considering the contributory negligence, reduced the compensation by 50% and also modified the interest rate to 6% p.a. as awarded. (Paras 1-10)
Issue of Consideration
Whether the Tribunal erred in not attributing contributory negligence to the deceased motorcyclist and in awarding excessive compensation.
Final Decision
The High Court allowed the insurance company's appeal in part, holding the deceased 50% contributory negligent, and reduced the compensation by 50%. The claimants' appeal for enhancement was dismissed. The award was modified accordingly.
Law Points
- Contributory negligence
- Motor accident compensation
- Apportionment of liability
- Section 173(1) Motor Vehicles Act
- 1988
