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IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J.
Ajeesh (Deceased), S/o. Ramakrishnan & Ors. - Appellants
Versus
Vibitha Varghese, D/o. Varghese & Ors. - Respondents
MACA No. 2726 of 2021
Decided On : 30-08-2024
Negligence - Motor Vehicles Act - Sections 166 - The court interpreted contributory negligence and notional income provisions, concluding that the claimant's acquittal in a criminal case negated the Tribunal's finding of contributory negligence, leading to enhanced compensation.
Fact of the Case:
The claimant, while driving a lorry, was involved in an accident with a bus, resulting in severe injuries and subsequent death. The Tribunal initially awarded compensation but deducted 50% for contributory negligence attributed to the claimant.
Finding of the Court:
The court found that the Tribunal's reliance on the final report of the criminal case was misplaced, especially after the claimant was acquitted. The notional income was also incorrectly assessed, necessitating a recalculation of compensation.
Issues: 1. Was the finding of contributory negligence on the claimant correct? 2. Was the notional income fixed by the Tribunal accurate?
Ratio Decidendi: The court held that the acquittal in the criminal case should influence the assessment of contributory negligence, and the notional income should be based on the claimant's profession as a driver, leading to a higher compensation.
Result: The appeal is allowed, and the compensation is enhanced to Rs.30,22,475/- with interest.
JUDGMENT :
Easwaran S., J.
The above appeal is filed by the claimant seeking for enhancement of the compensation granted by the Motor Accidents Claims Tribunal, Thrissur in OP(MV) No.761 of 2016 and also aggrieved by the findings of the Tribunal that the accident was caused due to the contributory negligence of the claimant leading to deduction of 50% of the amount awarded as compensation.
2. Since the appellant died during the pendency of the appeal, his legal heirs have impleaded themselves in the appeal. The accident in question took place on 17.11.2014 at 12.15 PM while the claimant was driving a Tipper Lorry bearing Reg No.KL-46/D-4220 through Thrissur – Punnamparambu public road and when reached at Panambilli a Bus bearing Reg. No.KL-8/AS-36 driven by the 1st respondent came in a rash and negligent manner and hit against the lorry. The passenger in the Bus also filed OP(MV) No.1543 of 2015 and both these cases were jointly tried together. On behalf of the claimant, Exts.A1 to A18 were marked and on behalf of the respondents, Exts. B1 to B6 were marked. The Insurance Company raised certain objections with regard to the accident stating that there was contributory negligence on the part of the claimant in OP(MV) No.761 of 2016. Exts.A7 to A9 revealed that the claimant sustained the following injuries;
3. Though the claimant claimed that Rs.20,000/- was his monthly income, no evidence was produced and hence the Tribunal fixed Rs.9,500/- per month as notional income. On various heads, the tribunal granted the following Compensation :
| Sl. No. | Head of claim | Amount claimed (in Rupees) | Amount awarded (in Rupees) |
| 1. | Loss of earning (Total) | 1,50,000/- | 1,14,000/- |
| 2. | Future Loss of earning next 1 year | 3,60,000/- | --- |
| 3. | Medical expenses | 25,00,000/- | 13,79,325/- |
| 4. | Bystander expenses | 2,00,000/- | 40,200/- |
| 5. | Transportation expenses | 50,000/- | 20,000/- |
| 6. | Extra nourishment | 1,00,000/- | 15,000/- |
| 7. | Damage to clothing etc.. | 5,000/- | 1,000/- |
| 8. | Personal Attendants | 3,00,000/- |
|
| 9. | Pain and sufferings | 10,00,000/- | 1,50,000/- |
| 10. | Compensation for continuing or permanent disability | 45,00,000/- | 8,89,200/- |
| 11. | Compensation for the loss of earning power | 5,00,000/- | 2,00,000/- |
| 12. | Compensation for disfigurement | 2,00,000/- |
|
| 13. | Loss of amenities and enjoyment of life | 10,00,000/- | 1,00,000/- |
| 14. | Compensation for happiness of marriage life | 20,00,000/- | --- |
| 15. | Compensation for shortened expectancy of life | 2,00,000/- |
|
| 16. | Compensation for loss of future treatment | 2,00,000/- | 50,000/- |
| 17. | Personal assistance | 2,00,000/- | 50,000/- |
|
| Total Claim limits to | 1,34,65,000/- | 30,08,725/- |
4. Since contributory negligence on the part of the claimant was found, 50% of the amount was directed to be deduc
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Contributory negligence affects compensation entitlements, with adjustments based on prior rulings and present circumstances.
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