After School Bus Hit 65-Year-Old Crossing Away From Zebra Crossing, Karnataka HC Cuts Her Negligence Share To 25%, Raises Net Compensation To Rs 2.03 Lakh

On 3 April 2015, the claimant was struck by a school bus while crossing Kanakapura Main Road and sustained fractures.

She brought a claim under Section 166 of the Motor Vehicles Act, 1988, against the bus owner and insurer.

The Tribunal found both the bus driver and claimant negligent, apportioned negligence equally, assessed compensation at ₹1,85,300, and awarded her ₹92,650 after the 50% deduction.

The claimant appealed, challenging the contributory-negligence finding and seeking enhanced compensation.

The claim arose under Section 166 of the Motor Vehicles Act, 1988, and the appeal was brought under Section 173(1) of that Act

A claimant’s attempt to cross a road where there is no zebra crossing may be relevant to contributory negligence, but does not, without more, establish that the claimant bears an equal share of responsibility; apportionment must be assessed in light of the circumstances and evidence of the collision.

Where income is not proved, the court may assess it notionally; compensation for future loss of income is calculated by applying the appropriate functional-disability percentage and multiplier to the monthly income.

The judgment cited no precedent.

The court accepted that the claimant had admitted attempting to cross where there was no zebra crossing, but found no evidence or contention that the bus driver had applied the brakes or otherwise acted to avoid the collision.

It therefore considered an equal apportionment unjustified and reduced the claimant’s share of negligence to 25%.

For quantum, it adopted a notional monthly income of ₹9,000 for 2015, retained the Tribunal’s 15.13% assessment of loss of earning capacity, and applied a multiplier of 7, arriving at ₹1,14,382 for future loss of income.

It also enhanced compensation for pain and suffering, loss of amenities, and incidental expenses, and awarded loss of income during a three-month laid-up period.

The court modified the award, enhancing the gross compensation from ₹1,85,300 to ₹2,71,338, with interest at 8% per annum from the date of the claim petition until deposit.

After deducting 25% for the claimant’s contributory negligence, it held her entitled to ₹2,03,503.

The insurer was directed to deposit the enhanced compensation with interest before the Tribunal within six weeks, for release to the claimant.