Only professional tax is deducted from salary when calculating motor accident compensation.

In brief

The question

Whether the deceased’s motorcycle rider was contributorily negligent in causing the accident

The court held

The insurer’s appeal was dismissed, and the claimants’ appeal was allowed in part. The claimants were awarded an additional Rs. 4,27,587, with interest at 6% per annum from the petition date until realization.

It also directed

The insurer was directed to deposit the enhanced amount with interest before the Tribunal within six weeks; the existing apportionment and deposit directions remained unchanged, and the amount already in deposit was ordered to be transmitted to the Tribunal.

01Facts

Santhosh Kumar N.S. died in a road accident on 28 October 2019 while riding pillion on a motorcycle bearing registration No. KA-66/E-6976. A motorcycle bearing registration No. KA-18/X-6678 collided with it.

pp. 7–8 · ¶ 1–3

The Motor Accident Claims Tribunal awarded the claimants Rs. 48,31,728 with interest at 6% per annum, holding the rider of the KA-18/X-6678 motorcycle entirely negligent. The insurer appealed, disputing negligence and the assessment of income; the claimants cross-appealed, seeking enhancement.

pp. 7–10 · ¶ 1–7

02Issues

i.Whether the deceased’s motorcycle rider was contributorily negligent in causing the accident

pp. 9–12 · ¶ 5, 9

ii.Whether the Tribunal correctly assessed the deceased’s income and the resulting loss of dependency

pp. 9–10, 12–14 · ¶ 5–6, 10–12

03Law Applied

The appeals were brought under Section 173(1) of the Motor Vehicles Act.

pp. 3–4, 7

In assessing loss of dependency, the Court considered the deceased’s established income, added 40% for future prospects, deducted one-fourth for personal expenses, and applied a multiplier of 16. For determining net income, it held that professional tax was deductible, but deductions for ESI and provident fund were not to be deducted from gross salary for this purpose.

p. 13 · ¶ 11

Provisions in the judgment · 1 · Linked ones open on LawLens

Motor Vehicles Act, 1988 Section 173

04Reasoning

The Court rejected contributory negligence: the charge sheet was filed against the rider of the KA-18/X-6678 motorcycle, and the spot mahazar showed that the collision occurred about six feet from the left side of the 16-foot-wide road, where the deceased’s motorcycle was travelling. The insurer adduced no evidence establishing negligence by the other rider.

pp. 11–12 · ¶ 7, 9

On income, although the authors of the service letter and salary certificate were not examined, the bank passbook showed monthly salary credits and supported the deceased’s employment. From the September 2019 gross salary of Rs. 25,157, the Court deducted only Rs. 200 for professional tax, fixing monthly income at Rs. 24,957; applying the stated future-prospects addition, one-fourth deduction, and multiplier, it assessed loss of dependency at Rs. 50,31,331.

pp. 12–13 · ¶ 10–11