Case Note & Summary
The appeal was filed by the Insurance Company, ICICI Lombard GIC Ltd., against the judgment and award dated 26th July 2014 passed by the Motor Accident Claims Tribunal in MVC No.8301/2007. The Tribunal had awarded compensation of Rs.19,75,000/- with interest at 6% per annum to the claimants, who are the wife and minor children of the deceased M.N. Shivareddy. The deceased died in a motor vehicle accident that occurred on 20th May 2007. The claimants contended that the accident was caused due to the rash and negligent driving of the rider of the motorcycle, and sought compensation. The Insurance Company argued that the deceased was a pillion rider and was not wearing a helmet, and that the accident occurred due to the negligence of the rider, and therefore the deceased contributed to the accident. The court considered the issue of contributory negligence. The court noted that the deceased was riding as a pillion on a motorcycle driven by the 4th respondent, and that the accident occurred due to the rash and negligent driving of the rider. The court held that the deceased, by not wearing a helmet and by riding with a negligent driver, contributed to the accident. The court apportioned contributory negligence at 25% against the deceased. Consequently, the court reduced the compensation awarded by the Tribunal by 25%. The net compensation payable was calculated as Rs.14,81,250/-. The court directed the Insurance Company to deposit the reduced amount with interest at 6% per annum from the date of petition till deposit. The appeal was partly allowed.
Headnote
A) Motor Accident Claims - Contributory Negligence - Apportionment of Fault - Motor Vehicles Act, 1988, Section 173(1) - The deceased, a pillion rider, was not wearing a helmet and the accident occurred due to the rash and negligent driving of the rider of the motorcycle. The court held that the deceased contributed to the accident by not wearing a helmet and by riding with a negligent driver, and apportioned contributory negligence at 25% against the deceased. (Paras 5-7) B) Motor Accident Claims - Compensation - Reduction - Motor Vehicles Act, 1988, Section 173(1) - The Tribunal awarded Rs.19,75,000/- with interest at 6% p.a. The High Court reduced the compensation by 25% due to contributory negligence, resulting in a net award of Rs.14,81,250/-. (Paras 8-9)
Issue of Consideration
Whether the Tribunal erred in not considering the contributory negligence of the deceased and in awarding excessive compensation?
Final Decision
Appeal partly allowed. The compensation awarded by the Tribunal is reduced by 25% on account of contributory negligence. The Insurance Company is directed to deposit the reduced amount of Rs.14,81,250/- with interest at 6% p.a. from the date of petition till deposit.
Law Points
- Contributory negligence
- Motor Vehicle Act
- 1988
- Section 173(1)
- Compensation reduction
- Negligence apportionment
