After Taxi’s Sudden Turn, Madras HC Cuts Motorcyclist’s Negligence Share To 5% And Raises Compensation To ₹3.13 Lakh

The claimant sought compensation under Section 166 of the Motor Vehicles Act, 1988, for injuries sustained when a maxi cab allegedly turned left without signalling as he rode his motorcycle in the same direction.

The Motor Accidents Claims Tribunal assessed his permanent disability at 35%, fixed 30% contributory negligence on him, and awarded Rs. 1,61,400 after deduction.

He appealed under Section 173, challenging the negligence finding and seeking enhancement of compensation.

Section 166 of the Motor Vehicles Act, 1988, provides the basis for a claim for compensation arising from a motor-vehicle accident, while Section 173 provides for an appeal against the Tribunal’s award.

In assessing contributory negligence, the Court considered the claimant’s evidence and admission alongside the absence of contrary evidence from the insurer; the judgment cites no separate authority for the applicable negligence principle.

For disability compensation, the Court applied Chinnathambi v. Deepa, 2020 (1) TNMAC 617, which the Tribunal had relied on to award compensation at a fixed sum per percentage of disability; the High Court considered Rs. 6,000 per percentage appropriate in this case.

The claimant’s cross-examination admission that he lost control when the cab turned left supported a finding that he had contributed to the accident.

However, because the insurer produced neither the cab driver nor an independent witness, the Court considered the Tribunal’s 30% attribution excessive and reduced it to 5%.

On quantum, the Court raised disability compensation from Rs. 1,75,000 to Rs. 2,10,000 using Rs. 6,000 for each of the 35% disability points.

It rejected the medical bills for want of supporting proof, enhanced pain and suffering, transportation, nourishment, and attendant charges, and fixed loss of income for a three-month treatment period at Rs. 48,000, while confirming the notional monthly income of Rs. 16,000.

The resulting gross award was Rs. 3,30,000, less 5% contributory negligence.

The Court reduced the claimant’s contributory negligence from 30% to 5% and enhanced the compensation to Rs. 3,13,500, with interest at 7.5% per annum from the claim-petition filing date until deposit, excluding any period of default.

The insurer was directed to deposit the amount, after crediting any sum already deposited, within six weeks; the claimant may withdraw it subject to adjustment for any amount already withdrawn.