A rider’s failure to avoid a parked truck justified 50% contributory negligence despite absent warning lights.

On 29 July 2019, the appellant was riding a motorcycle that collided with a truck parked on the road without its parking lights on.

The appellant sustained injuries and sought compensation under the Motor Vehicles Act, 1988.

The Tribunal awarded ₹5,53,642, assessed contributory negligence at 50% against the appellant, and directed the insurer to pay 50% of the award.

The appellant appealed, challenging both the apportionment of negligence and the compensation amount.

The High Court considered the appeal under Section 173(1) of the Act.

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

Whether the compensation awarded by the Tribunal was inadequate

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

The Court applied the principles of negligence and contributory negligence, assessing the parties’ respective conduct and the evidence concerning the accident to determine whether the Tribunal’s 50:50 apportionment should be disturbed.

The charge sheet implicated both the truck driver and the motorcycle rider; the appellant admitted the charge-sheet contents and that he had not challenged it.

The sketch and mahazar, together with his evidence, indicated that there was space to pass the truck, while the truck driver had also parked on the road without parking lights. The Court therefore found negligence on both sides.

On quantum, it upheld the Tribunal’s assessment of 13% whole-body disability, monthly income of ₹13,250, and future-income loss of ₹3,72,060.

It enhanced laid-up-period loss from ₹26,500 to ₹35,000, combined food, nourishment and inpatient charges at ₹25,000, and awarded ₹30,000 for loss of amenities, bringing the total compensation to ₹6,00,142.

The total compensation was enhanced from ₹5,53,642 to ₹6,00,142, but the 50% contributory-negligence finding was maintained; accordingly, the appellant was entitled to 50% of the total award.

The enhanced compensation carries interest at 6% per annum from the date of the petition until payment, and the insurer was directed to deposit the enhanced amount to the extent of its liability within eight weeks of receiving the certified judgment.