A passenger falling when a bus moves suddenly while she alights is not contributorily negligent.

The claimant sought compensation for injuries sustained when she fell while alighting from a BMTC bus that allegedly moved suddenly before its door was closed.

The Tribunal found the bus driver solely negligent and awarded ₹10,83,540 with interest at 6% per annum.

BMTC appealed, challenging negligence, the disability and income assessments, and several compensation heads.

The judgment gives inconsistent accident dates: 10 August 2014 in the claim summary and 10 August 2024 in its discussion of negligence.

1. Whether the Tribunal was justified in finding that the accident occurred solely due to the bus driver’s negligence

2. Whether the compensation awarded by the Tribunal was excessive and required reassessment

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

The Court applied the principles of assessing accident compensation by reference to proved injuries, disability, income, age, and the appropriate multiplier.

It also applied the stated principle that, in an appeal brought by a corporation or insurer, compensation may be reassessed but should not exceed the Tribunal’s total award.

No specific precedent was cited.

The Court upheld the negligence finding because the claimant fell as the bus moved while she was getting down, and the charge sheet alleged rash and negligent driving; it found no basis to attribute contributory negligence to her.

It accepted the 26% whole-body disability assessment, but corrected the monthly income to ₹8,500, the amount stated by the Tribunal, rather than ₹14,000, and calculated future loss of income using 40% future prospects and a multiplier of 18.

It increased compensation for pain and suffering, loss of amenities, and laid-up-period income, but disallowed future medical expenses for lack of a supporting finding and excluded ₹52,105 in bills because the claimant had not established treatment at People Tree Hospital.

It reduced the total award to ₹9,38,526, with interest at 6% per annum from the date of the petition until realisation.

BMTC was directed to deposit the compensation, including interest and accounting for any amount already deposited, within six weeks; the Tribunal’s directions on release and deposit otherwise remained unchanged.