Madras HC Cuts Unlicensed Auto Driver’s Blame Share From 50% To 10%, Citing No Tata Ace Driver Or Independent Witness Testimony

The claimant sought compensation under Section 166 of the Motor Vehicles Act for injuries sustained when the auto he was driving collided with a Tata Ace on 6 June 2017.

The Tribunal found the Tata Ace driver negligent but attributed 50% contributory negligence to the claimant because he had no valid driving licence; it awarded ₹4,09,277.

The claimant appealed under Section 173, challenging the negligence finding and seeking enhanced compensation.

Section 166 of the Motor Vehicles Act provides the basis for a claim for compensation arising from a motor accident, and Section 173 provides for an appeal against the Tribunal’s award.

The Court assessed permanent disability using the percentage method because functional disability and loss of earning capacity had not been proved.

The Tribunal had relied on M. Chinnathambi v. S. Deepa, 2020 (1) TN MAC 617, to award ₹5,000 per percentage of disability; the High Court adjusted that rate having regard to the accident year and the claimant’s injuries.

Although the RTO evidence and Ex.R1 showed that no driving licence had been issued to the claimant by that office, the insurer did not examine the Tata Ace driver or an independent witness to establish that the claimant’s driving caused the accident.

The Court also considered the delayed complaint made by the claimant and, on the circumstances as a whole, reduced his contributory negligence from 50% to 10%.

As no functional disability or loss of earning capacity was proved, the Court retained the percentage method, but increased the rate to ₹7,000 per percentage, producing ₹2,80,000 for 40% disability.

It fixed monthly notional income at ₹15,000, allowed four months’ loss of income, and increased extra nourishment to ₹20,000; the remaining heads were left unchanged.

The total compensation was enhanced to ₹5,23,277, and, after deducting 10% contributory negligence, the net award was fixed at ₹4,70,949, with interest at 7.5% per annum from the claim-petition filing date until deposit, subject to the stated exclusion for any period of delay.

The third respondent insurer was directed to deposit the amount, less any sum already deposited, within six weeks; the claimant could withdraw it in accordance with the Tribunal’s directions.