### Apportionment of 80% Contributory Negligence Upheld for Head-on Collision on Wrong Side of Road

On August 28, 2008, the deceased, Dharmeshbhai Mansukhbhai Sondagar, was driving a Maruti car with his family from Shirdi when he collided with a Gujarat State Road Transport Corporation (GSRTC) bus.

The Motor Accident Claims Tribunal (MACT), Rajkot, in MACP No. 1470/2008, awarded Rs. 3,10,646/-, after deducting 80% of the calculated compensation on the grounds that the deceased was primarily negligent (80%) compared to the bus driver (20%).

The appellants challenged this award before the High Court on the grounds of both the negligence percentage and the quantum of compensation under conventional heads.

1. Whether the Tribunal erred in apportioning 80% contributory negligence to the deceased based on the site panchnama and evidence.

2. Whether the compensation awarded under conventional heads (loss of estate, funeral expenses, and consortium) was adequate and in accordance with established precedents.

The Court applied the principles of contributory negligence based on the panchnama and sketch of the accident site to determine liability.

Regarding the quantum of compensation, the Court relied on the landmark judgment of the Hon’ble Supreme Court in National Insurance Company Ltd. v. Pranay Sethi (2017), which standardized awards for conventional heads and mandated a 10% increase every three years.

The Court applied the principles from Magma General Insurance Company Limited v. Nanu Ram @ Chuhru Ram (2018) to extend filial and parental consortium to all legal representatives, including the mother.

The Court examined the panchnama and accident sketch, which revealed that the road was 40 feet wide and the deceased’s Maruti car had crossed the middle line, entering the wrong side before the collision.

Although the FIR was against the bus driver, the physical evidence (sketch and photographs) corroborated the bus driver's testimony, leading the Court to uphold the 80% contributory negligence of the deceased.

Regarding quantum, the Court found the Tribunal’s awards for loss of estate and funeral expenses (Rs. 15,000 each) inconsistent with the Pranay Sethi mandate, increasing them to Rs. 18,150 each.

Following the Magma General ruling, the Court recognized that the mother, widow, and daughter were all entitled to consortium, increasing the total consortium award from Rs. 80,000 to Rs. 1,45,200.

It partially allowed the appeal regarding the quantum, increasing the total gross compensation to Rs. 16,24,732/-. After deducting 80% for the deceased's negligence, the net compensation was determined to be Rs. 3,24,946/-, resulting in an additional award of Rs. 14,300/-.

The respondent (GSRTC) was ordered to deposit the additional amount with 9% interest per annum within six weeks.