Case Note & Summary
The appeal was filed by the claimants, legal representatives of deceased D. Narayanadas, against the judgment and award dated 14th February 2011 passed by the Senior Civil Judge & Motor Accident Claims Tribunal-IX, Harapanahalli, in MVC No.139/2009. The claimants sought enhancement of compensation on the ground that the compensation of Rs. 2,72,000/- awarded after deducting 60% towards contributory negligence was inadequate. The deceased, aged 60 years, was a driver earning Rs. 4,500/- per month. He died in a collision between his motorcycle and a tractor-trailer. The Tribunal fixed 60% contributory negligence on the deceased. The High Court, after hearing both sides, reduced the contributory negligence to 50% as both drivers were equally negligent. The notional income of Rs. 3,000/- per month was upheld, and the multiplier of 9 was applied as per Sarla Verma. The compensation for loss of dependency was recalculated as Rs. 1,62,000/- (Rs. 3,000 x 12 x 9 x 50%). The High Court also enhanced the conventional heads: Rs. 10,000/- for loss of consortium, Rs. 10,000/- for loss of love and affection, and Rs. 5,000/- for funeral expenses. The total compensation was enhanced from Rs. 2,72,000/- to Rs. 1,87,000/-, 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 Negligence - The Tribunal fixed 60% contributory negligence on the deceased driver of a motorcycle who collided with a tractor-trailer. The High Court, considering the evidence, reduced it to 50% as both drivers were equally negligent. (Paras 5-6) B) Motor Accident Claims - Compensation - Loss of Dependency - The deceased was aged 60 years and earning Rs. 4,500/- per month as a driver. The Tribunal took Rs. 3,000/- as notional income. The High Court upheld the notional income but applied multiplier of 9 as per Sarla Verma case. (Paras 7-8) C) Motor Accident Claims - Conventional Heads - The Tribunal awarded Rs. 5,000/- for loss of consortium, Rs. 5,000/- for loss of love and affection, and Rs. 5,000/- for funeral expenses. The High Court enhanced these to Rs. 10,000/-, Rs. 10,000/-, and Rs. 5,000/- respectively, following Rajesh v. Rajbir Singh. (Para 9)
Issue of Consideration
Whether the compensation awarded by the Tribunal is just and proper and whether the contributory negligence fixed at 60% on the deceased is correct.
Final Decision
Appeal partly allowed. Contributory negligence reduced to 50%. Compensation enhanced from Rs. 2,72,000/- to Rs. 1,87,000/- with interest at 6% per annum from the date of petition till deposit.
Law Points
- Motor Vehicles Act
- 1988
- Section 173(1)
- Contributory Negligence
- Compensation for Loss of Dependency
- Conventional Heads of Compensation
