IMPORTANT POINTS
In a motor accident claims case Court cannot adopt a hyper-technical approach. It has to discharge the role of parens patriae.
The standard of proof in motor accident claims case is preponderance of probabilities.

JUDGMENT

A.M. Khanwilkar, J.

1. This appeal, by special leave, emanates from the judgment and order dated 1st April, 2015 passed by the High Court of Chhattisgarh at Bilaspur in Misc. Appeal (C) No.1100 of 2011, partly allowing the appeal filed by the appellants herein (owner and driver of the offending vehicle) against the award passed by the Motor Accident Claims Tribunal, Koriya, Baikunthpur, Chhatisgarh (hereinafter referred to as “the Tribunal”), in Claim Case No.22/2008 dated 21st September, 2011, on the finding that the deceased was liable for contributory negligence to the extent of 50% and as such, after deducting 50% of the compensation amount, the respondents/claimants would be entitled to a sum of Rs.3,86,500/along with interest at the rate of 7.5% per annum from the date of filing of the claim petition till the date of realization.

2. Briefly stated, the respondents claiming to be the heirs and legal representatives of the deceased Krishna Kumar Sahu alias Tipu Sahu, son of Dashrath Sahu, filed a claim petition before the Tribunal under Section 166 of the Motor Vehicles Act, 1988 (for short “the Act”) for compensation, amounting to Rs.20,21,000/on account of the death of Krishna Kumar Sahu in a motor accident which occurred on 14th November, 2006. Respondent No.1 is the widow of deceased Krishna Kumar Sahu. Respondent Nos.2 to 4 are the minor children of the deceased and respondent Nos. 5 & 6 are the parents of the deceased. They asserted that when Krishna Kumar was in hisPan Shop near the bus stand of Village Kathghor, appellant No.2 Prem Lal Rajawade came to his shop on his motorcycle bearing registration No. CG 16C/5171 with a friend, Narendra Panika, at around 1.00 P.M. and cajoled Krishna Kumar to accompany him to Village Belia. All the three left for Village Belia on the motorcycle. While returning back from Belia, when they reached Khaad Naala, the motorcycle skidded due to high speed as the driver lost control over it. Consequently, all the three persons travelling on the motorcycle were injured. The motorcycle was driven by Prem Lal all along. They were given first aid at Government Hospital, Sonhat and then referred to Charcha Regional Hospital for further treatment. Krishna Kumar died enroute to Charcha Hospital. In this background, the claim petition was filed, which was resisted by the appellants.

3. Admittedly, appellant No.1 is the owner of the offending vehicle and appellant No.2 is the son of appellant No.1 who went along with the deceased on the offending motorcycle on the date of accident. According to the appellants, however, the motorcycle was being driven by Krishna Kumar and not appellant No.2, as alleged, when the accident took place. Appellant No.2 was sitting in the middle and Narendra Panika was sitting at the back, as pillion riders. Krishna Kumar was driving the motorcycle rashly and at a high speed. He was told to slow down but he did not pay any heed to it and eventually the accident was caused. In other words, the deceased Krishna Kumar was himself responsible for the accident.

4. In light of the competing claims of the parties, the Tribunal framed four issues and finally answered the claim petition in favour of the claimants. The Tribunal accepted the plea of the claimants that the offending vehicle (motorcycle) was driven by Prem Lal (appellant No.2) at the relevant time and had caused the accident due to rash and negligent driving. The Tribunal then determined the quantum of compensation amount on the basis of monthly income of the deceased estimated at Rs.3,000/and applied multiplier of 15. Besides, the Tribunal awarded lump sum amount of Rs.25,000/towards funeral expenses, loss of love and affection due to the death of the deceased. The Tribunal determined the compensation amount at Rs.3,85,000/to be paid with interest at the rate of 7.5% per annum from the date of filing of the claim petition until its realization. The appellants assailed the said decision of the Tribunal by way of