Bike Stopped For Petrol Before Fatal Crash; Gujarat HC Raises Award To ₹29.09 Lakh, Holds Its Insurer Liable For 25%

The deceased was travelling as a pillion passenger on a motorcycle that stopped at the roadside because it was short of petrol.

A motorcycle approaching from behind collided with it; the deceased later died from his injuries.

His widow and other claimants sought compensation from the owner and insurer of the motorcycle on which he had been riding, and from the owner of the uninsured motorcycle that struck it.

The Tribunal found the rear motorcycle’s rider solely responsible, exonerated the owner and insurer of the motorcycle carrying the deceased, and awarded Rs. 22,80,000.

The claimants appealed, challenging both the finding on negligence and the assessment of compensation.

The Court applied the principles governing assessment of compensation in a motor-accident claim, including apportionment of liability where the conduct of more than one road user contributes to an accident.

It relied on National Insurance Company Ltd. v. Pranay Sethi, (2017) 16 SCC 680, for the addition of future prospects to the income of a deceased government employee and for use of the applicable multiplier.

The judgment does not identify a specific statutory provision as the basis for its decision.

The Court considered the charge-sheet against the rear rider but held that it did not, by itself, resolve the question of negligence.

It reasoned that the motorcycle carrying the deceased had stopped at the roadside and that this stoppage contributed to the collision; it therefore attributed 25% negligence to the rider of that motorcycle, while leaving the remaining 75% responsibility with the rider of the motorcycle that struck it from behind.

On quantum, the pay slip established gross monthly emoluments of Rs. 13,225; after deducting Rs. 80 professional tax, the Court used net monthly income of Rs. 13,145.

Applying 50% future prospects, a one-fourth deduction for personal expenses, and a multiplier of 15, together with the stated conventional sums, it assessed total compensation at Rs. 29,08,862.50.

The Court enhanced the compensation to Rs. 29,08,862.50 and held that the insurer of the motorcycle carrying the deceased was liable for 25% of that amount—Rs. 7,27,216—with interest at 9% per annum; the remaining 75% was recoverable from the owner of the offending motorcycle.

The insurer was directed to deposit the enhanced amount within ten weeks, for disbursement to the claimants after verification, and the appeal was otherwise disposed of accordingly.