IMPORTANT POINT
Fatal accident – Finding of contributory negligence is a matter of evidence and same cannot be inferred.

JUDGMENT

Dr. Dhananjaya Y. Chandrachud, J.

1. Delay condoned.

2. Leave granted.

3. This appeal arises from a judgment of a learned Single Judge of the High Court of Chhattisgarh in MAC No 1370 of 2009. The High Court, in an appeal arising from a decision of the Motor Accident Claims Tribunal [“MACT”], enhanced the compensation from Rs 3,81,988 to Rs 6,81,000 and maintained interest at the rate of six per cent.

4. Relevant details pertaining to this appeal are as follows:

The date of accident is 13 August 2008. The deceased was 53 years old at the time of the incident. He was employed as an Assistant Grade II in the Water Resources Department of the State of Chhattisgarh on a monthly salary of Rs 12,636. While he was riding his motorcycle at about 9 pm on Bilaspur-Raipur Road, there was a collision with a truck trailer which was parked on the road and he died on the spot. The appellant, who is the surviving spouse of the deceased, filed a claim for compensation under the provisions of the Motor Vehicles Act 1988, claiming compensation in the amount of Rs 17,50,000. The truck driver, the owner of the vehicle and the insurer were impleaded as parties to the proceedings. The MACT, by its order dated 30 July 2009, came to the conclusion that this was a case of contributory negligence. The claim for compensation was computed as follows:

However, on the ground of there being contributory negligence on the part of the deceased assessed at 50%, a total amount of Rs 3,81,988 came to be awarded, together with interest at six per cent per annum.

5. In appeal, the High Court affirmed the view of the MACT on contributory negligence, but recomputed the compensation. Taking the monthly income of the deceased at Rs 12,636, one-third was deducted towards personal expenses. Applying a multiplier of 11, the deceased being 53 years of age, the total amount payable was computed at Rs 11,12,000 on account of loss of dependency. A lump sum of Rs 1,25,000 was awarded by the High Court towards conventional head. Since the High Court had affirmed the view of the MACT on contributory negligence, the total compensation was enhanced from Rs 3,81,988 to Rs 6,81,000.

6. In pursuance of the notice that was issued by this Court on 22 January 2019, the office report indicates that service is complete.

7. Learned counsel appearing on behalf of the appellant has assailed the view which has found acceptance with the High Court, both on the finding of contributory negligence and on the computation of compensation. On the first aspect, learned counsel submitted that the order of the MACT indicates that there was an independent witness who had deposed that the truck trailer was parked without any reflectors on the road. It was urged that though the MACT accepted the evidence of the independent witness, it came to the conclusion that there was contributory negligence on the part of the deceased without cogent reason. The High Court, it has been submitted, simply proceeded to affirm the view of the MACT without giving reasons in spite of the fact that it was seized of a substantive appeal against the order of the MACT. On the computation of the compensation, learned counsel submitted that in terms of the judgment of the Constitution Bench of this Court in National Insurance Company Limited v Pranay Sethi, (2007) 16 SCC 680 the High Court ought to have added an amount of 15% towards future prospects having regard to the age of the deceased and the fact that he was in government employment.

8. On the aspect of contributory negligence, the MACT adverted to the statement of AW 2, who was an independent eye-witness at the spot of the accident, in the following terms: