Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.Sounthar, J
Vasuki – Appellant
Versus
Ganesan – Respondent
JUDGMENT :
1. The claimants have filed this appeal seeking enhancement of compensation awarded by the Motor Accident Claims Tribunal, Special Sub Court, Tiruvannamalai in M.C.O.P. No.728 of 2013, dated 09.03.2022.
2. It is the case of the appellants/claimants that the husband of the 1st claimant, father of the claimants 2 to 4 and son of the claimants 5 and 6 (5th claimant died pending Original Petition and 6th respondent also died pending appeal) namely Senthil died in a road accident that had occurred on 19.02.2011. It was the case of the claimants that the deceased was standing on the extreme left hand side in mud portion of the main road and the Tipper Lorry belonged to the 1st respondent insured with the 2nd respondent came in a rash and negligent manner and dashed against him. As a result of the accident, the deceased sustained grievous injuries and died in hospital. Therefore, a claim petition was filed seeking compensation of Rs.20,00,000/-.
3. The 1st respondent remained exparte before the Tribunal. The 2nd respondent/Insurance Company filed counter and resisted the claim on the ground that the accident had occurred only due to the negligence of the deceased. The 2nd responde
Non-possession of a driving license does not constitute contributory negligence without evidence of rash driving; compensation was enhanced based on adjusted notional income.
Contributory negligence must be supported by evidence; the notional income of the deceased was adjusted based on age and circumstances, correcting the multiplier as per established legal principles.
Contributory negligence cannot be presumed solely based on the violation of law; a causal connection to the accident must be established.
Contributory negligence and compensation assessment in motor accident claims were affirmed, with the court highlighting the importance of valid driving documentation in determining liability.
Contributory negligence cannot be established solely by the absence of a valid driving license; evidence of fault is required. Notional income can be adjusted based on prevailing circumstances.
The court adjusted the contributory negligence ratio to 40% for the deceased and enhanced the compensation to Rs.13,70,000/- based on notional income and applicable multiplier.
The main legal point established in the judgment is the determination of contributory negligence and the calculation of enhanced compensation under the Motor Vehicles Act.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
