Madras HC Reduces Deceased Pedestrian’s Share of Blame to 25%, Raises Road-Accident Compensation to ₹11.49 Lakh

The claimants appealed from the Motor Accidents Claims Tribunal’s award in a claim under Section 166 of the Motor Vehicles Act, 1988, arising from the death of Settu in a collision with a private bus on 28 June 2015.

The Tribunal attributed 50% of the negligence to the deceased and awarded compensation after assessing his monthly income at ₹6,000.

The claimants sought enhancement of compensation and reduction of the deceased’s share of contributory negligence.

Section 166 of the Motor Vehicles Act, 1988 provides the basis for a claim for compensation arising from a motor-vehicle accident, while Section 173 provides for an appeal against an award of the Claims Tribunal.

In assessing loss of dependency, the Court relied on National Insurance Co. Ltd. v. Pranay Sethi, applying a 25% addition for future prospects in this case.

The Court also assessed contributory negligence from the evidence concerning the conduct of both the deceased and the bus driver.

The eyewitness, PW2, supported the claimants’ account but admitted in cross-examination that the accident occurred in the middle of the road at night while the deceased was crossing where there was no provision to cross; the bus driver’s evidence also placed the collision in the middle of the road.

The Court therefore accepted that the deceased contributed to the accident, but considered the Tribunal’s 50% allocation excessive and reduced it to 25%.

For quantum, the Court adopted age 40 and, in the absence of proof of income, fixed notional monthly income at ₹13,000; it added 25% for future prospects, deducted 50% for personal expenses, and applied a multiplier of 15, producing dependency compensation of ₹14,62,500.

It also awarded ₹40,000 for loss of love and affection to the first claimant, together with funeral expenses and loss of estate.

The Court enhanced the total compensation to ₹11,49,375 after deducting 25% for contributory negligence, with interest at 7.5% per annum from the date of the claim petition until deposit, subject to the stated exclusion of interest for any delay period.

The insurer was directed to deposit the enhanced amount, less any amount already deposited, within six weeks; the Tribunal’s apportionment and mode of disbursement were left undisturbed.