Apportionment of 50% Liability for Contributory Negligence Confirmed in Head-on Collision Between Two Heavy Vehicles

On December 13, 2017, a head-on collision occurred between two heavy goods vehicles: Truck Trailer No. CG 12 S 1870 (driven by Anwar Ansari) and Truck No. CG 15 AC 0583 (driven by Marcus Kujur).

Both drivers died in the accident.

Their legal representatives filed claim applications under Section 166 of the Motor Vehicles Act, 1988.

The Claims Tribunal held that both drivers contributed equally (50% each) to the accident due to rash and negligent driving and awarded reduced compensation accordingly: ₹4,73,200 for Anwar Ansari’s family and ₹3,85,000 for Marcus Kujur’s family.

The appellants challenged these awards seeking enhancement and contesting the finding of contributory negligence.

1. Whether the finding of 50% contributory negligence against both deceased drivers was legally sustainable based on the evidence.

2. Whether the compensation awarded by the Claims Tribunal was "just" regarding the assessment of income and application of legal precedents.

Court applied Section 166 of the Motor Vehicles Act, 1988, regarding compensation for motor accidents.

National Insurance Co. Ltd. v. Pranay Sethi (2017) regarding future prospects (40% for age below 40, and 25% for age 40-50).

Sarla Verma v. Delhi Transport Corporation (2009) regarding multipliers and deductions for personal expenses.

Magma General Insurance Co. Ltd. v. Nanu Ram (2018) regarding the grant of spousal, parental, and filial consortium.

The Court upheld the Tribunal’s finding of 50% contributory negligence, noting that the head-on collision between two vehicles of similar nature and the registration of offences against both drivers supported a finding of mutual negligence.

Considering both deceased were "high skilled" heavy goods vehicle drivers in 2017, the Court revised their monthly income to ₹15,000.

For Anwar Ansari (aged 33), the Court applied a 40% future prospect hike and a multiplier of 16.

For Marcus Kujur (aged 45), it applied a 25% hike and a multiplier of 13.

In both cases, the Court deducted 50% from the final dependency figure to account for contributory negligence and added standard conventional heads for funeral expenses, estate loss, and consortium.

In MAC No. 57 of 2021 (Anwar Ansari), the Court awarded an additional ₹12,68,800 (totaling ₹17,42,000).

In MAC No. 97 of 2021 (Marcus Kujur), the Court awarded an additional ₹9,41,875 (totaling ₹13,26,875).

The enhanced amounts carry 6% interest per annum from the date of filing the appeal until payment.

The Court issued specific directions for the distribution of funds, including fixed deposits for minor children and the widows.