Facts
On November 20, 2013, Smt. Meenu Verma and Smt. Madhu Verma were fatally crushed by a speeding bus (UP-15AT-5682) owned by the Appellant while crossing the Delhi-Meerut Highway to use a petrol pump facility
Source reference: p. 2-3Their husbands, who were eyewitnesses, filed claim petitions leading to an award by the MACT, Shahdara, on February 27, 2016
Source reference: p. 2The bus owner appealed on grounds of contributory negligence, alleging the deceased crossed a highway at night without using a zebra crossing
Source reference: p. 3Cross-appeals were filed by the claimants seeking enhanced compensation, specifically 40% future prospects
Source reference: p. 4Issues
1. Whether the deceased were guilty of contributory negligence by crossing the highway at night
Source reference: p. 32. Whether the claimants are entitled to 40% future prospects and revised non-pecuniary damages as per settled law
Source reference: p. 4, 103. Whether the interest rate of 12% p.a. awarded by the Tribunal was excessive
Source reference: p. 10Law Applied
The court applied the principles of "just compensation" under the Motor Vehicles Act, 1988.
Source reference: no citationIt relied on National Insurance Co. Ltd. v. Pranay Sethi (2017) regarding the grant of 40% future prospects for those in private/self-employment under age 40 and the standardization of conventional heads (loss of estate and funeral expenses)
Source reference: p. 4, 10-11It applied United India Insurance Co. Ltd. v. Satinder Kaur (2021) to rule that "loss of love and affection" is subsumed within "loss of consortium"
Source reference: p. 10Regarding interest rates, it followed Kaushnuma Begum v. New India Assurance Co. Ltd. (2001), linking interest to the prevailing rates of nationalized banks
Source reference: p. 10Reasoning
The Court rejected the plea of contributory negligence, noting the site plan and eyewitness testimony of the husbands (PW1 & PW2) proved the deceased had nearly finished crossing and were walking along the petrol pump when struck
Source reference: p. 5-7The driver’s failure to slow down in a populated area with public utilities constituted sole negligence
Source reference: p. 7-8Regarding quantum, the Court affirmed using ITRs for Smt. Meenu and a combination of guest-teacher honorarium and tuition income for Smt. Madhu as a "just estimate" of potential earning
Source reference: p. 9, 13-14The Court corrected the MACT’s omission of future prospects, granting 40% as per Pranay Sethi, and adjusted the deduction for personal expenses for Smt. Madhu to 1/3rd (rather than 1/2) as she was a married woman contributing to a household with a child
Source reference: p. 10, 14Holding
The Court upheld the finding of negligence against the bus driver
It enhanced the compensation for Smt. Meenu Verma to ₹46,99,360
Source reference: p. 11and for Smt. Madhu Verma to ₹45,88,240
Source reference: p. 16The interest rate was reduced from 12% to 9% p.a. to align with bank rates during the claim period
Source reference: p. 10, 16The Court ordered the release of ₹5,00,000 to each family immediately, with the remainder to be preserved in FDRs
Source reference: p. 16All appeals were disposed of with these modifications
Source reference: p. 17Original Court PDF
Meerut City Transport Service Limited v. Neeraj Verma & Ors. (and connected matters) MAC.APP. 286/2016
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in