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ALKA SARIN
Versha Devi – Appellant
Versus
Sheru Khan – Respondent
JUDGMENT
Mrs. Alka Sarin, J. (Oral)
The present appeal has been preferred by the claimant-appellants challenging the award dated 23.05.2013 passed by the Motor Accident Claims Tribunal, Gurgaon on two counts. Firstly, on the ground that it has wrongly been held to be a case of contributory negligence and secondly, on the quantum of compensation which has been awarded for the death of a 4-year old child.
2. The brief facts relevant to the present case are that on 25.02.2012 Baby Tulsi (since deceased) along with her mother, namely, Smt. Versha Devi and Manoj Singh (brother of Smt. Versha Devi) and other relatives were travelling in a Maruti Car bearing registration No.DL-2CL-2038. They started their journey from Village Jakhora for Bullandshehar (UP). The car was being driven by Sanjay son of Ajab Singh at a moderate speed. It was around 10:00 am when they reached near Shekhupur Gathwa in the area of Police Station Khanpur (Bullandshehar) when a bus bearing registration No.UP-15F-8464, being driven by the driver at a very high speed and in a rash and negligent manner, came from the side of Bullandshehar and hit the Maruti Car as a result of which all the occupants of the Maruti Car s
The court clarified that a child passenger cannot be held liable for contributory negligence in an accident, and re-assessed compensation based on notional income and loss of consortium.
Contributory negligence cannot be presumed solely based on the violation of law; a causal connection to the accident must be established.
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