Parking a vehicle in the middle of a road without indicators constitutes sole negligence under the Motor Vehicles Act.

On April 19, 2010, Babubhai Khant (the deceased) was riding a motorcycle with two pillion riders from Choki to Vadal. He collided with a tractor-trailer parked on the wrong side of the road in the middle of the path without indicators or obstructions.

Babubhai succumbed to his injuries. The Motor Accident Claims Tribunal (MACT), Junagadh, in MACP No. 226 of 2010, awarded Rs. 5,99,170/- with 8% interest, attributing 35% contributory negligence to the deceased and 65% to the tractor driver.

The appellants (claimants) challenged this judgment before the Gujarat High Court on the grounds of erroneous negligence attribution and inadequate quantum under conventional heads.

1. Whether the learned Tribunal erred in attributing 35% contributory negligence to the deceased rider.

2. Whether the compensation awarded under the conventional heads (consortium, estate, and funeral expenses) required enhancement in light of settled precedents.

Sections 122 and 126 of the Motor Vehicles Act, 1988, which mandate safety precautions while parking vehicles on public roads to avoid obstruction or danger.

National Insurance Company Ltd. v. Pranay Sethi (2017) 16 SCC 680, which standardized awards for conventional heads.

Magma General Insurance Co. Ltd. v. Nanu Ram @ Chuhru Ram (2018) 18 SCC 130, which expanded the scope of "consortium" to include spousal, parental, and filial dimensions.

The Court analyzed the Panchnama and the testimony of eye-witness Shitalben (Exhibit-41), noting that the road was 24 feet wide and the tractor-trailer was parked in the middle without any safety indicators.

The Court observed that the driver of the tractor failed to testify to rebut the claimants' version, leading to an adverse inference.

The Court found that the placement of the vehicle was a "sheer violation" of Sections 122 and 126 of the M.V. Act, making the tractor driver solely negligent and exonerating the deceased from the 35% contributory negligence.

Regarding quantum, the Court found the Tribunal’s award "meagre" and recalculated the consortium for three dependents (widow and two children) at Rs. 40,000 each plus a 10% incremental allowance (totaling Rs. 1,45,200), and updated the loss of estate and funeral expenses to Rs. 18,150 each per the Pranay Sethi guidelines.

The total compensation was enhanced from Rs. 5,99,170/- to Rs. 9,53,300/-, resulting in an additional award of Rs. 3,54,130/-, with a direction to the Insurance Company to deposit the additional amount with 8% interest per annum from the date of the claim petition within six weeks.