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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
C.M.POONACHA
Mohanalatha W/o Late V. Narayana Swamy – Appellant
Versus
National Insurance Co. Ltd. – Respondent
JUDGMENT :
C.M. POONACHA, J.
1. The present appeal is filed by the claimant calling in question the judgment and award dated 30.10.2013 passed by the Motor Accident Claims Tribunal, Court of Small Causes, Bangalore (SCCH-9),, hereinafter referred to as 'Tribunal' in MVC No.7570/2011, whereunder the Tribunal has partly allowed the claim petition and awarded a total compensation of Rs. 62,050/- together with interest at 6% p.a.
2. The appellant/claimant impugns the finding of the Tribunal of contributory negligence to the extent of 20% as also seeks for enhancement of the quantum of compensation.
3. It is the case of the claimant that on 11.9.2011 at about 2.00 p.m., when she was walking on the 7th Cross, 4th Main, Chamarajpet, Bengaluru, the insured scooter being driven in a rash and negligent manner came and hit her, causing the accident in question.
4. The Tribunal noticing the sketch - Ex.P2 and noticing the fact that the said sketch indicated that the accident occurred four feet from the footpath towards the eastern side and that the accident occurred when the claimant was crossing the road, recorded a finding that the claimant was negligent to the extent of 20% in causing the accide
Court modified the Tribunal's finding on contributory negligence, attributing 100% liability to the motorcyclist and enhancing the total compensation awarded to the claimant.
Contributory negligence attribution must be supported by clear evidence; inaccurate assessment can lead to wrongful liability.
Contributory negligence should not be inferred solely from scene mahazar without sufficient evidence; appropriate compensation should reflect actual losses sustained by the injured.
The finding of contributory negligence must be substantiated by credible evidence; without which it cannot be deemed valid.
Contributory negligence assessed at 10% establishes that compensation must reflect accurate income estimates and disability assessments, leading to a modified award.
The court clarified the erroneous attribution of contributory negligence and enhanced the compensation awarded to the appellant.
Contributory negligence in accident cases can be adjusted based on evidence, valuing eyewitness accounts over police reports, and ongoing medical needs justify enhanced compensation.
The claimant's contributory negligence cannot be established merely by lack of a driving license; compensation was partly enhanced based on judicial precedents.
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