A goods vehicle parked without warning signals bears 50% of the accident liability.

On 13 September 2020, Dhareppa Daddimani was riding a motorcycle when a Maruti Swift car struck it from behind; the car then collided with a Multi Excel goods vehicle parked on the road.

Dhareppa died at the scene.

His wife, children and parents sought compensation from the owners and insurers of the car and goods vehicle.

The Tribunal attributed 50% of the negligence to each vehicle and awarded ₹22,75,000.

The goods vehicle’s insurer appealed against the finding of negligence and its liability; the claimants appealed seeking enhanced compensation.

Whether the Tribunal was justified in attributing 50% of the negligence to the driver of the goods vehicle?

Whether the claimants were entitled to enhancement or modification of the compensation?

Under Section 173(1) of the Motor Vehicles Act, 1988, an aggrieved party may appeal a Tribunal’s award.

In assessing compensation, the Court applied National Insurance Co. Ltd. v. Pranay Sethi, (2017) 16 SCC 680: future prospects are added to income, and the conventional heads of consortium, loss of estate and funeral expenses are subject to the prescribed amounts and escalation.

The Court assessed notional income by reference to Karnataka Legal Services Authority guidelines and applied a 40% future-prospects addition, a one-fourth deduction for personal expenses, and a multiplier of 15 on the facts of this case.

The goods vehicle was parked in the middle of the road, and the evidence showed that its driver had not switched on an indicator or hazard lights.

The asserted mechanical defect was unsupported by the motor vehicle inspection report or other evidence.

The charge sheets, spot documents and PW.1’s evidence supported the finding that both the car driver’s conduct and the goods vehicle’s unsafe parking contributed to the accident; the Court therefore found no basis to alter the 50:50 apportionment.

For compensation, the Court substituted the 2020 notional income of ₹13,750 per month for the Tribunal’s ₹10,000 figure, added 40% future prospects, deducted one-fourth for personal expenses and applied multiplier 15, producing ₹25,98,750 for loss of dependency.

It recalculated consortium and the conventional heads, resulting in total compensation of ₹28,95,750.

It modified the award, increasing compensation from ₹22,75,000 to ₹28,95,750, with the enhanced compensation carrying interest at 6% per annum.

The order states that respondents 1 to 4 are jointly and severally liable, directs the insurers to deposit the compensation with accrued interest before the Tribunal within four weeks of receiving the certified judgment, and orders transmission of any amount already deposited.