A rider’s failure to keep left justified a finding of 25% contributory negligence.

The claimant was injured in a head-on collision between his motorcycle and a Toofan vehicle on 1 January 2018.

The Tribunal awarded him ₹7,05,652 with 6% annual interest, finding the owner and insurer of the Toofan vehicle jointly and severally liable and permitting the insurer to recover from the owner.

The insurer appealed, challenging the compensation, the finding on contributory negligence, and the Tribunal’s pay-and-recover direction.

1. Whether the compensation awarded by the Tribunal was excessive.

2. Whether the motorcycle rider contributed to the accident through his own negligence.

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 loss of future earning capacity, the Court used the Karnataka State Legal Services Authority’s notional-income chart, the applicable age-based multiplier, and the assessed whole-body disability.

The Court also applied the principle of contributory negligence by reducing compensation in proportion to the claimant’s share of responsibility.

No judicial precedents were cited.

The Court found that the claimant’s income was unproved and applied the 2018 notional income of ₹11,750 per month.

It rejected the Tribunal’s addition of 40% for future prospects and calculated loss of future earning capacity as ₹2,53,800, using a multiplier of 18 and 10% whole-body disability.

It also considered the charge sheet against the claimant and the spot sketch showing the collision in the middle of the road.

Although the claimant’s lack of a driving licence was not, by itself, treated as proof of negligence, the Court concluded that his position on the road and failure to keep to the left contributed to the collision; it fixed his contribution at 25%.

The remaining compensation heads were left undisturbed.

The Court reduced the total compensation from ₹7,05,652 to ₹6,57,052 and, after deducting 25% for the claimant’s contributory negligence, held him entitled to 75%—₹4,92,789—with interest at 6% per annum from the date of the petition until realization.

The liable respondents were directed to deposit the amount within eight weeks, and the award was modified accordingly.