Case Note & Summary
The case arises from a motor accident claim where the claimants, legal representatives of deceased D.N. Vijaya Kumar, sought compensation for his death in a collision between a KSRTC bus and a lorry. The Tribunal at Kodagu awarded Rs.18,50,000/- with 6% interest, holding the KSRTC bus driver solely negligent. The KSRTC and its insurer appealed under Section 173(1) of the Motor Vehicles Act, 1988, contending contributory negligence by the lorry driver. The High Court, after examining the evidence including the complaint and spot panchanama, found that the lorry driver was also negligent as he drove on the wrong side of the road. Consequently, the court apportioned liability equally at 50% each. The compensation was reduced to Rs.9,25,000/- payable by the appellants, with interest at 6% per annum from the date of petition till deposit. The appeal was partly allowed, modifying the award accordingly.
Headnote
A) Motor Accident Claims - Contributory Negligence - Apportionment of Liability - Section 173(1) Motor Vehicles Act, 1988 - The appeal challenged the Tribunal's award fixing 100% negligence on the KSRTC bus driver. The High Court, on reappreciation of evidence, held that the accident occurred due to negligence of both drivers, as the lorry driver was also negligent in driving on the wrong side. Liability apportioned at 50% each. Compensation reduced proportionately. (Paras 2-6) B) Motor Accident Claims - Compensation - Quantum - Section 166 Motor Vehicles Act, 1988 - The Tribunal awarded Rs.18,50,000/- with 6% interest. The High Court, after apportioning negligence, reduced the compensation payable by the appellants to 50% of the awarded amount, i.e., Rs.9,25,000/-, with proportionate interest. (Paras 5-6)
Issue of Consideration
Whether the Tribunal was justified in fixing 100% negligence on the KSRTC bus driver and awarding compensation of Rs.18,50,000/- without considering contributory negligence of the deceased lorry driver.
Final Decision
Appeal partly allowed. The judgment and award of the Tribunal is modified. The liability is apportioned at 50% each on the KSRTC bus and the lorry. The appellants are liable to pay 50% of the awarded compensation, i.e., Rs.9,25,000/- with interest at 6% per annum from the date of petition till deposit. The balance 50% shall be paid by the owner and insurer of the lorry.
Law Points
- Contributory negligence
- Apportionment of liability
- Motor accident compensation
- Section 173(1) Motor Vehicles Act
- 1988
