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SUPREME COURT OF INDIA
C.T. RAVIKUMAR, SANJAY KAROL, JJ.
Prem Lal Anand & Ors. – Appellants
Versus
Narendra Kumar & Ors. - Respondents
Civil Appeal Nos. 8503-4504 of 2024 (Arising out of SLP(C)Nos. 30188-30189 of 2018)
Decided on : 07-08-2024
Motor Vehicles Act, 1988 – Sections 168 and 173 – Death of lady in motor accident – Quantum of compensation – Compensation of Rs.1,01,250/- with cost awarded, attributing 50% contributory negligence on part of victim – In attending facts and circumstances, merely because a person was attempting to overtake a vehicle, cannot be said to be an act of rashness or negligence with nothing to the contrary suggested from record – It is claimant-appellant(s) who lost a member of their family – Claimant-appellant was doing an act which is an everyday occurrence on road that is overtaking a vehicle, but resultantly suffered extensive injuries himself – It has also been proved offending vehicle was driven rashly and negligently – Finding of contributory negligence against appellant No.1 was erroneous and unjustified – Compensation awarded on this count has to be revised – Deceased was between age of 40 and 50 and accordingly, 25% addition is to be made, to established income – Applicable Multiplier would be 15 – Claimant would be entitled to a total sum of Rs.11,25,000/- instead of Rs.1,01,250/- as awarded by Tribunal, as compensation – Other directions of Tribunal maintained. (Paras 13, 15, 16, 17 and 18)
Facts of the case:
Present appeals by special leave are directed against judgment and order dated 26th October, 2017 of High Court of Judicature at Allahabad in First Appeal from Order No.341 of 1997 and dated 13th July, 2018 in Civil Misc. Recall Application in First Appeal from Order between self-same parties. Appeal to High Court was filed by claimants (appellants herein) against Order dated 8th January, 1997 passed by M.A.C.T. in Motor Accident Claim No.570 of 1994.
Findings of Court:
Other directions of Tribunal shall remain undisturbed except that rate of interest would be 8% instead of 12%.
Result : Appeals allowed.
JUDGMENT :
SANJAY KAROL, J.
Leave Granted.
2. These appeals by special leave are directed against the judgment and order dated 26th October, 2017 of the High Court of Judicature at Allahabad in First Appeal from Order No.341 of 1997 and dated 13th July, 2018 in Civil Misc. Recall Application No.360830 of 2017 in First Appeal from Order No.341 of 1997 between the self-same parties. The appeal to the High Court was filed by the claimants (appellants herein) against Order dated 8th January, 1997 passed by M.A.C.T./XIVth Additional District Judge, Ghaziabad in Motor Accident Claim No.570 of 1994.
3. The claimant-appellant No.1 along with his wife aged about 45 years were travelling by motorcycle and as they were crossing village Mehrauli, on their way to Noida to visit a friend, they were faced with two rashly and speedily driven tractors resulting into an accident, with the claimant sustaining several injuries including a broken jaw and fracture(s) in his leg. Unfortunately, claimant-appellant’s wife died on the spot, as a result of the impact of the accident.
4. The claimant-appellant and his deceased wife were engaged in business, jointly earning Rs.5,000/- from their business concern, namely, M/s. Sonali Fabrics. It was urged that due to the sudden death of the wife of the deceased, the entire business, which was earning profits, for example, Rs.60,000/- in the year 1994 and Rs.50,000/- in 1993, the income therefrom was lost.
5. Hence, the claimant filed a claim for Rs.12,00,000/- before the concerned Motor Accident Claims Tribunal.
6. The Tribunal framed five issues in respect of rash and negligent driving; claimants being the legal heirs of the deceased wife, the quantum of her earnings; liability of the insurance company; whether the driver of the offending vehicle had a valid licence; and lastly what relief, if any.
7. In regard to contributory negligence, it was held that the claimant and the respondent both were responsible equally. The claimants were held to be legal heirs of the deceased. The driver of the offending vehicle had a valid licence. The final order given by the Tribunal is reproduced hereinbelow :-
8. Seeking enhancement of compensation, the claimant-appellant(s) approached the High Court. Vide the impugned order dated 26th October, 2017 the High Court partly allowed the appeal, observing that there is an apparent error in the Tribunal applying multiplier 9 to calculate the compensation whereas, accordingly applied the multiplier as 14. The Tribunal was, therefore, directed to calculate the enhanced compensation, carrying the rate of interest as awarded by the Tribunal.
9. Subsequently, Civil Misc. Recall Application No.360830 of 2017 was preferred by the claimant-appellant(s) against the order impugned herein. However, the same was dismissed. It is against both these orders that the claimant-appellant(s) have approached this Court.
10. The primary ground on which compensation truncated, in nature was awarded to the claimant-appellant(s), was the finding of contributory negligence returned by the Tribunal. In answering the third issue, the liability of the insurance company to pay compensation, it was observed that the responsibility for the accident could be apportioned to both th
Contributory negligence – Merely because a person was attempting to overtake a vehicle, cannot be said to be an act of rashness or negligence with nothing to the contrary suggested from record.
The main legal point established in the judgment is the proper assessment of income, future prospects, and compensation in motor accident claim cases, in accordance with the U.P. Motor Vehicle Rules,....
Family mainly the widow would as per the rules will receive a sum, which will aggregate to upto 2025 Rs. 67,28,256/- for a period of 12 years which will not permit us to disturb the findings as far n....
The court modified the compensation amount based on revised income assessment and contributory negligence, establishing clearer guidelines for future cases.
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