Driver Opens Innova Door, Motorcyclist Falls And Is Run Over; Madras HC Upholds Equal Fault, Cuts Family’s Compensation

On 30 September 2015, the deceased, Suresh, was riding his motorcycle when an Innova car allegedly overtook and stopped in front of him, and its driver opened the door. Suresh struck the door, fell onto the road, and was run over by an oncoming vehicle.

His dependants claimed compensation.

The Tribunal found both vehicle drivers responsible, apportioned negligence equally, and awarded Rs. 39,91,000 with interest at 7.5% per annum.

National Insurance, the appellant, challenged the negligence finding and the quantum of compensation.

Section 173 of the Motor Vehicles Act, 1988 provides for an appeal against an award of a Claims Tribunal.

On future prospects, the Court applied National Insurance Company Ltd. v. Pranay Sethi: for the deceased, aged 28 and in employment, it allowed an addition of 40% to income.

The Court also relied on Pranay Sethi in revising compensation under conventional heads, including consortium and loss of love and affection.

The negligence issue was determined by assessing the eyewitness and documentary evidence.

The Court accepted the independent eyewitness’s account that the Innova overtook and stopped, and that its driver opened the door without warning or noticing the motorcycle.

It found that account reliable and corroborated by the final report and other record materials; accordingly, it upheld the finding that both vehicles contributed to the accident and the 50:50 apportionment.

On quantum, it accepted monthly income of Rs. 15,000, applied 40% future prospects and a one-fourth deduction for personal expenses, and assessed dependency compensation at Rs. 34,02,000.

It revised the conventional heads and stated a revised total of Rs. 35,88,000.

Since Oriental Insurance had not appealed, the Court declined to disturb the award insofar as its liability was concerned.

The judgment’s calculation table gives a revised total of Rs. 35,88,000, but the operative result states Rs. 35,87,000; the judgment also directs National Insurance to pay Rs. 13,91,000 with 7.5% interest, while describing its liability as 50%.

These figures are internally inconsistent; the stated direction is to deposit Rs. 13,91,000, subject to adjustment for amounts already deposited, within six weeks, after which the claimants may withdraw their shares as fixed by the Tribunal.