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REKHA BORANA
Ganga Devi W/o Late Shri Shiv Lahri – Appellant
Versus
National Insurance Company Limited – Respondent
ORDER :
Rekha Borana, J.
1. The present appeal has been preferred against the judgment and award dated 02.12.2023 passed by Motor Accident Claims Tribunal No.1, Bhilwara in MAC Case No.225/2018 (CIS No.227/2018) whereby the learned Tribunal proceeded on to pass an award for an amount of Rs.15,84,814/- with interest @6% per annum in favour of the claimants.
2. The learned Tribunal although computed the award for an amount of Rs.21,13,086/- but then deducted an amount qua 25% contributory negligence of the deceased and hence, awarded Rs.15,84,814/- only.
3. It is the said finding of contributory negligence of the deceased which is under challenge in the present appeal as preferred by the claimants along with a prayer for enhancement of the award.
4. Learned counsel for the appellants submits that the learned Tribunal misinterpreted naksha mauka and held the deceased too negligent for the accident. He submits that as is settled position of law, the naksha mauka cannot be termed to be a piece of evidence so as to prove the negligence of the driver. In support of his submission counsel relied upon the Hon’ble Apex Court judgment in Jiju Kuruvila & Ors. Vs Kunjujamma Mohan & Ors.; 2013 (9) SC
The court ruled that contributory negligence must be proven with cogent evidence, and lack of a driving license does not imply negligence in an accident.
Contributory negligence must be proven by the party alleging it, and findings cannot rely solely on site plans without corroborative evidence.
Failure to wear a helmet does not constitute contributory negligence unless evidence indicates it directly caused the accident.
The main legal point established in the judgment is the proper attribution of contributory negligence and the computation of just and reasonable compensation.
The court affirmed the Tribunal's decision on contributory negligence and confirmed the compensation awarded for the loss of life, applying proper legal standards regarding income assessment and futu....
The main legal point established in the judgment is the requirement for evidence and legal precedents to support findings of contributory negligence and the calculation of compensation.
The court upheld the Tribunal's award of compensation for a fatal motorcycle accident, affirming findings of negligence and the calculation method used for compensation.
Contributory negligence must be specifically pleaded, and failure to substantiate claims of shared liability can invalidate reductions in compensation awarded.
The court modified the compensation amount based on revised income assessment and contributory negligence, establishing clearer guidelines for future cases.
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