A lorry driver’s abrupt braking warranted 65% negligence, with 35% attributed to the motorcyclist.

On 4 May 2016, the appellant was riding his motorcycle from Dharwad towards Hubballi when it struck the rear of a mini lorry after its driver applied the brakes.

The appellant sustained injuries and sought compensation under the Motor Vehicles Act, 1988. The Tribunal awarded global compensation of ₹1,00,000 with 6% annual interest, attributing 50% negligence to the appellant and 50% to the lorry driver. The appellant appealed seeking enhancement and challenging the apportionment of negligence.

1. Whether the compensation awarded by the Tribunal was inadequate and required modification

2. Whether the Tribunal was justified in attributing 50% contributory negligence to the appellant

The appeal was brought under Section 173(1) of the Motor Vehicles Act, 1988, which provides for an appeal against an award of the Claims Tribunal.

In assessing negligence, the Court considered whether the motorcycle rider maintained a safe distance from the vehicle ahead and whether the lorry driver exercised proper care before braking.

The Court also referred to Mukund Dewangan v. Oriental Insurance Company Limited, AIR 2017 SC 3668, in connection with the insurer’s contention regarding the lorry driver’s licence; it did not separately determine that issue.

The Court found that the disability certificate did not explain the basis or method of assessment, and the doctor acknowledged that he was not an orthopaedic specialist; accordingly, the evidence did not support a calculation of future loss of income.

Given the injuries, 16-day hospitalisation and medical bills, the Court found no reason to enhance the Tribunal’s global award of ₹1,00,000.

On negligence, the appellant had failed to maintain a safe distance, while the lorry driver had applied the brakes without adequate care. Considering the respective conduct of both drivers, the Court replaced the equal apportionment with 35% negligence against the appellant and 65% against the lorry driver.

The award carries interest at 6% per annum from the date of the petition until realisation, and the insurer was directed to deposit the amount with accrued interest within eight weeks.