Facts
On November 20, 2013, Smt. Meenu Verma and Smt. Madhu Verma were fatally struck by a speeding bus (UP-15AT-5682) owned by the Appellant while crossing the Delhi-Meerut Highway to reach a petrol pump.
Source reference: p. 2-3The Motor Accident Claims Tribunal (MACT) awarded compensation in 2016, which the Appellant challenged on grounds of contributory negligence, arguing the deceased crossed the highway at night without using designated areas.
Source reference: p. 3-4The Legal Representatives (claimants) filed cross-appeals seeking enhanced compensation, specifically regarding future prospects.
Source reference: p. 4Issues
1. Whether the deceased were guilty of contributory negligence by crossing the highway at night.
Source reference: p. 4, para. 42. Whether the claimants are entitled to 40% future prospects and revised non-pecuniary damages under the Pranay Sethi principles.
Source reference: p. 4, para. 63. Whether the 12% interest rate awarded by the MACT was excessive.
Source reference: p. 9-10, para. 27Law Applied
The court applied the principles of "just compensation" under the Motor Vehicles Act, 1988.
Source reference: no citationIt primarily relied on National Insurance Co. Ltd. v. Pranay Sethi (2017) regarding the grant of 40% future prospects for deceased individuals below 40 years in private/self-employment and the standardization of conventional heads (loss of estate, funeral expenses).
Source reference: p. 4, 10It followed Sarla Verma v. DTC (2009) for the application of multipliers and deduction for personal expenses.
Source reference: p. 14Regarding interest, it applied Kaushnuma Begum v. New India Assurance Co. Ltd. (2001), holding that interest rates should align with nationalized bank rates for fixed deposits.
Source reference: p. 10Under United India Insurance Co. Ltd. v. Satinder Kaur (2021), "loss of love and affection" was held to be subsumed within "loss of consortium".
Source reference: p. 10Reasoning
The Court rejected the plea of contributory negligence, noting the site plan showed the deceased had already crossed the road and were walking along the petrol pump when struck; furthermore, testimony indicated they used a designated cut/zebra crossing in a populated area where the driver should have exercised caution.
Source reference: p. 5-7, para. 9-15Regarding Smt. Meenu Verma’s income, the Court upheld the use of ITRs as authoritative evidence despite the lack of salary slips.
Source reference: p. 9, para. 24-25For Smt. Madhu Verma, the Court assessed income based on her role as a guest teacher and private tutor, finding the MACT’s estimate of potential earnings reasonable given her qualifications.
Source reference: p. 12-13The Court corrected the MACT's failure to award "future prospects," granting 40% increases to both families to align with Pranay Sethi.
Source reference: p. 10, 14However, the Court reduced the interest rate from 12% to 9%, finding 12% inconsistent with prevailing bank rates at the time of the claim.
Source reference: p. 10, para. 28Holding
The Court dismissed the appeals filed by the transport service and allowed the cross-appeals by the claimants in part.
The Court held that there was no contributory negligence.
Source reference: p. 8It enhanced the compensation for Smt. Meenu Verma’s LRs to ₹46,99,360/-.
Source reference: p. 11and for Smt. Madhu Verma’s LRs to ₹45,88,240/-.
Source reference: p. 16The rate of interest was reduced from 12% to 9% per annum from the date of filing until deposit.
Source reference: p. 16The Court ordered the immediate release of ₹5,00,000/- to each family, with the remainder kept in fixed deposits.
Source reference: p. 16, para. 51-52Original Court PDF
Meerut City Transport Service Limited v. Neeraj Verma & Ors. (and connected matters) [MAC.APP. 286/2016, 300/2016, 01/2019 & 07/2019]
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