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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. SOUNTHAR
Fasilath Begum – Appellant
Versus
S. Ganesan – Respondent
JUDGMENT :
S. SOUNTHAR, J.
Not satisfied with the quantum of compensation awarded by the Motor Accident Claims Tribunal, Special District Court, Krishnagiri, the claimants have come by way of this appeal.
2. It is not in dispute that the father of the claimants aged about 80 years died in a road accident that had taken place on 23.06.2019. According to the claimants, on 23.06.2019 the deceased was travelling in a two wheeler bearing Registration No.TN-70-2540 as a pillion rider. The 2nd claimant rided the two wheeler. When 2nd claimant was proceeding on the left hand side of the road slowly and cautiously by observing all traffic rules, a Ford Car bearing Registration No.TN-63-BA-3372 owned by 1st respondent insured with the 2nd respondent came in the opposite direction in a rash and negligent manner and dashed against the two wheeler driven by the 2nd claimant. As a result of which the deceased sustained fatal injuries and died on the spot. It is claimed by the claimants that the accident had occurred only due to the rash and negligent driving of the car belonging to the 1st respondent insured with the 2nd respondent-Insurance Company.
3. The 1st respondent remained exparte before the
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.
Non-possession of a driving license does not constitute contributory negligence without evidence of rash driving; compensation was enhanced based on adjusted notional income.
The court established that contributory negligence must be backed by conclusive evidence, leading to a full liability placed on the driver for compensation determination.
Contributory negligence must be proven and cannot be inferred; the deceased was not negligent, leading to a modified compensation of Rs.23,61,250.
The court can determine notional income based on reasonable estimates, and rejection of a salary certificate without examining its author is unjustified.
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.
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