39-Year-Old Constable’s Family’s Compensation Raised To ₹34.43 Lakh As Madras HC Adds 50% Future Prospects, Upholds 30% Blame On Him

The claimants, dependants of S.M. Samy, sought compensation for his death in a collision on 1 March 2010. He was riding a two-wheeler and attempting to overtake a lorry when he entered the path of an oncoming Transport Corporation bus; he fell and was run over

The Tribunal attributed 30% contributory negligence to the deceased and 70% negligence to the bus driver, awarding Rs.19,16,252 with interest at 7.5% per annum

The claimants appealed, challenging the negligence finding and seeking enhanced compensation, including future prospects and higher conventional damages

Section 173 of the Motor Vehicles Act provides for an appeal against an award of the Motor Accidents Claims Tribunal

A person’s completed age is determined by completed years, not the running year; the Court relied on Prabhu Dayal Sesma v. State of Rajasthan, (1986) 4 SCC 59, and Eerati Laxman v. State of A.P., (2009) 3 SCC 337

Applying the future-prospects principle stated in the judgment, a person below 40 years is entitled to a 50% addition

The Court also relied on Rehana Rahimbhai Kasambhai v. The Transport Manager, Ahmedabad Municipal Transport Service, AIR 1976 Guj 37 (DB), for the principle that drivers of heavy, mechanically operated vehicles bear a heightened duty of care and must keep a proper lookout

The sketch showed that the deceased crossed the middle of the road while overtaking and entered the bus’s lane, supporting the finding that he contributed to the accident. However, the bus driver also had a duty to take reasonable steps to avoid the collision, including slowing down, braking or moving further left where space was available. The Court therefore found no basis to disturb the Tribunal’s 30:70 apportionment

On quantum, the deceased had completed 39 years at the time of the accident and was therefore entitled to 50% future prospects. The Court recalculated dependency using monthly income of Rs.21,615, a 1/5 deduction for personal expenses and a multiplier of 15, then revised the conventional heads

The Transport Corporation was directed to deposit the amount corresponding to its 70% liability, after credit for any amount already deposited, within eight weeks; the claimants may withdraw the compensation in accordance with the Tribunal’s apportionment