Contributory negligence assessed at 10% establishes that compensation must reflect accurate income estimates and disability assessments, leading to a modified award.

UDGMENT :

(PER: THE HON'BLE MRS JUSTICE GEETHA K.B.)

The appellant is before this Court under Sec.173(1) of Motor Vehicles Act, 1988 (for short ‘the MV Act’) praying for modifying the judgment and award passed in M.V.C. No.112/2018 on the file of Senior Civil Judge and Addl. MACT, Sirsi (for short, ‘ the Tribunal’), in respect of saddling 50% contributory negligence on the rider of motor vehicle and also praying for enhancement of compensation.

2. Parties would be referred to by their ranks, as they were before the Tribunal, for sake of convenience and clarity.

3. Petitioner has filed claim petition under Section 166 of MV Act, praying for compensation in respect of the injuries he sustained in the road traffic accident that had taken place on 12.10.2017 at 08.45 a.m. at Kemmangatti Taggu, Yelugar involving Motorcycle bearing registration No.KL-31-L-4199 and NWKRTC bus bearing registration No.KL-42-F-993.

4. Case of the claimant in nutshell is that on 12.10.2017 at 08.45 p.m., when petitioner was riding his motorcycle bearing registration No.KL.31-L.4199 near Kemmangatti Taggur, Yelulgar, a NWKRTC Bus bearing registration No.KL.42-F.993 came from opposite direction from Heroor to Balesar cross side in great speed, rashly and negligently and dashed against the motorcycle and thereby caused the accident which resulted in grievous injuries to the face, hands, legs of claimant. Immediately, he was shifted to KIMS Hospital, Hubballi, wherein his leg was operated and then he has taken treatment at SDM Hospital, Dharwad for mandible injuries and after discharge, he has attended periodical check-up. Before the accident, claimant was hale and healthy, doing coolie work and earning Rs. 9,000/- per month and due to accidental impact, he is unable to work as earlier. There is permanent disability to his leg. Hence, claimed compensation under different heads.

5. Respondent appeared through his counsel and filed its objection statement wherein he denied the manner of accident stated in the petition, the injuries sustained by the claimant and further contended that the accident happened mainly because of rash and negligent riding of the motorcycle bearing registration No.KL-31-L-4199, who came suddenly from opposite direction by cross-road with great speed and dashed against the bus and thereby caused the accident. Hence, prayed for dismissal of the petition. 6. On behalf of claimant, claimant was examined as P.W.1, examined doctor as P.W.2 apart from marking Exs.P.1 to P.18 and closed his side before the Tribunal. On behalf of respondent, R.W.1 is examined and authorisation letter is marked as Ex.R.1 before the Tribunal.

7. After recording evidence of both sides, hearing arguments of both sides, the Tribunal came to the conclusion that totally the claimant is entitled for Rs. 5,29,700/- as compensation under following different heads:-

8. But there was contributory negligence of 50% on the part of rider of the motorcycle and thus awarded compensation of Rs. 2,64,850/- against the respondent.

9. Aggrieved by the same, the claimant-appellant has preferred the present appeal.

10. Learned counsel for appellant Smt. B.Vidya Iyer would submit that even as per the KSLSA guidelines, notional income of claimant ought to have been taken at Rs. 10,250/- per month as the accident happened during October 2017. But the Tribunal Court has taken it as only Rs. 8,000/- per month. The claimant was inpatient for 47 days. Hence, laid up charges granted by the Tribunal is insufficient an