Case Note & Summary
The case involves two appeals arising from a motor accident claim. The appellant, Karnataka State Road Transport Corporation (KSRTC), filed MFA No.1382/2015 challenging the judgment and award dated 14/11/2014 passed by the Motor Accident Claims Tribunal, Bangalore, in MVC No.2993/2013, awarding compensation of Rs.25,85,000/- with interest at 6% p.a. to the respondents/claimants. The claimants, being the legal representatives of the deceased, filed MFA No.1820/2015 seeking enhancement of compensation. The accident occurred on 22/03/2013 when the deceased, while crossing the road, was hit by a KSRTC bus. The Tribunal held that the accident occurred due to the negligence of the bus driver, but also found contributory negligence on the part of the deceased to the extent of 25%. The Tribunal assessed the income of the deceased at Rs.6,000/- per month, applied a multiplier of 13, and awarded compensation. The High Court, after hearing both sides, held that the Tribunal's finding on contributory negligence was correct as the deceased crossed the road without observing the traffic. The court also upheld the multiplier of 13 as per the age of the deceased (50 years) and the income assessment of Rs.6,000/- per month. Consequently, the appeal by KSRTC was allowed in part, reducing the compensation by 25% on account of contributory negligence, and the appeal by the claimants was dismissed.
Headnote
A) Motor Vehicles Act - Compensation - Contributory Negligence - Section 173(1) MV Act - The appellant KSRTC challenged the award on the ground that the deceased was negligent in crossing the road without observing traffic. The court held that the Tribunal had correctly assessed contributory negligence at 25% as the accident occurred due to the deceased's negligence in crossing the road without observing the traffic. (Paras 5-6) B) Motor Vehicles Act - Compensation - Multiplier - Section 173(1) MV Act - The claimants sought enhancement of compensation on the ground that the multiplier adopted by the Tribunal was erroneous. The court held that the multiplier of 13 adopted by the Tribunal was correct as per the age of the deceased (50 years) and the decision in Sarla Verma v. DTC. (Para 7) C) Motor Vehicles Act - Compensation - Income Assessment - Section 173(1) MV Act - The claimants contended that the income of the deceased should be taken as Rs.9,000/- per month. The court held that the Tribunal's assessment of income at Rs.6,000/- per month was just and proper, and no interference was called for. (Para 8)
Issue of Consideration
Whether the compensation awarded by the Tribunal is just and proper, and whether the deceased was guilty of contributory negligence.
Final Decision
MFA No.1382/2015 filed by KSRTC is allowed in part. The compensation awarded by the Tribunal is reduced by 25% on account of contributory negligence. MFA No.1820/2015 filed by the claimants is dismissed. No order as to costs.
Law Points
- Motor Vehicles Act
- 1988
- Section 173(1)
- Compensation
- Contributory Negligence
- Multiplier
- Income Assessment
