Case Note & Summary
The High Court of Judicature at Madras heard a civil miscellaneous appeal filed by the claimant against the order of the Motor Accident Claims Tribunal, Tiruvannamalai, in M.A.C.T.O.P.No.284 of 2022. The claimant had sustained injuries in a road accident on 03.04.2022, when his two-wheeler was hit by an oncoming Bajaj Pulsar owned by the first respondent and insured with the second respondent. The Tribunal had awarded a total compensation of Rs.2,59,250/- after fixing 15% contributory negligence on the claimant on the ground that he did not possess a valid driving licence. In appeal, the claimant argued that the compensation of Rs.5,000/- per percentage of disability was too low considering the accident occurred in 2022, and that imposing contributory negligence for lack of a driving licence was against the law settled by the Supreme Court. The insurance company supported the Tribunal's award, claiming the per-percentage amount was justified. The court considered the submissions on quantum and the correctness of the contributory negligence finding. The judgment excerpt provided does not contain the final decision or reasoning of the court.
Headnote
A) Motor Accident Compensation - Quantum of Compensation - Per Percentage Disability Award - Motor Vehicles Act, 1988, Section 173 - The Tribunal awarded Rs.5,000/- per percentage of disability; the appellant sought enhancement on the ground that the accident occurred in 2022 and the amount was inadequate; the Insurance Company contended that the award was justifiable given the nature of injuries (Paras 6-7). B) Motor Accident Compensation - Contributory Negligence - Absence of Driving Licence - Motor Vehicles Act, 1988, Section 173 - The Tribunal fixed 15% contributory negligence solely because the appellant did not possess a valid driving licence; the appellant argued that this was contrary to law settled by the Apex Court (Para 6).
Issue of Consideration
Whether the compensation awarded by the Tribunal requires enhancement; and whether the Tribunal was justified in fixing 15% contributory negligence on the ground that the claimant did not possess a valid driving licence.
Law Points
- quantum of compensation should be reasonably assessed per percentage of disability
- contributory negligence cannot be based on absence of driving licence
