Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Compensation collision Motor Vehicles Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Motor Vehicles Act, 1988 - s.166- Compensation claim- Head-on collision between a car and a truck - Driver of thecar died - Tribunal held that there was contributory negligence on the part of the deceased in causing the accident, therefore,his dependents i.e. the appellants were entitled to getdependency compensation only to the extent of 50% for thefault of the offending truck - Order affirmed by High Court -On appeal, held: 50% deduction out of the total loss of dependency compensation determined by the Tribunal wasnot correct - In absence of rebuttal evidence, the Tribunalerroneously placed reliance upon the charge-sheet filedagainst the driver of the offending truck and deceased to holdthere was contributory negligence on the part of deceased ignoring the fact that the criminal case against him hadabated - Finding of fact recorded by the Tribunal and affirmedby the High Court, was erroneous for want of properconsideration of pleadings and legal evidence by both ofthem.Motor Vehicles Act, 1988- s.166 - Compensation claim- Head-on collision between a car and a truck - Husband ofthe first appellant, who was working as driver of the car, died- Deceased was 35 years of age - Dependents of thedeceased i.e. the appellants claimed compensation -Tribunal awarded Rs.1,92,0001- towards loss of dependencyand further Rs.50001- and Rs.30001- towards funeral expensesand loss of estate, love and affection respectively and thus in total, a compensation of Rs.2,00,0001- with interest@ 6%p.a - Compensation awarded by Tribunal approved by HighCourt - Justification - Held: Not justified - Appellants entitledto enhanced compensation - Judicial notice should havebeen taken of the fact that the post of a driver is a skilled job- Though the claim of appellants was Rs.50001- as monthlysalary of the deceased, for determining the loss ofdependency, the actual entitlement of the salary of thedeceased should have been taken at Rs. 60001- per month bythe Tribunal for awarding just and reasonable compensation,which is the statutory duty of the Tribunal and the AppellateCourt - Further, 30% of future prospects of the deceasedshould be added to the monthly income while 1!3rd shouldbe deducted towards the personal expenses of the deceased- Multiplier of 16 to be applied as deceased was aged 35years - Appellants accordingly entitled to amount ofRs. 9, 98, 4001- towards loss of dependency - Further, takinginto consideration all the expenses incurred for the funeraland sudhi ceremonies and towards loss of love and affectionby the surviving child and the first appellant wife, award ofRs.50,0001- is just and reasonable under the conventionalheads- Total compensation thus amounting to Rs.10,48,4001- - Insurance Company liable to pay the same as theoffending vehicle was insured with it alongwith interest @ 9%p.a., from the date of application till the date of payment. |
Judge | Hon'ble Mr. Justice V. Gopala Gowda |
Neutral Citation | 2013 INSC 584 |
Petitioner | Minu Rout & Anr. |
Respondent | Satya Pradyumna Mohapatra & Ors. |
SCR | [2013] 10 S.C.R. 847 |
Judgement Date | 2013-09-02 |
Case Number | 7368 |
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