Pedestrians crossing a national highway away from a marked crossing may bear contributory negligence.

The 85-year-old claimant sought compensation for injuries sustained while crossing National Highway 66 on 25 April 2022, alleging that a scooter rider caused the accident by rash and negligent driving.

The Motor Accident Claims Tribunal awarded global compensation of ₹50,000, reduced it by 50% for the claimant’s contributory negligence, and directed the insurer to pay ₹25,000 with interest at 6% per annum.

The claimant appealed, challenging both the finding of contributory negligence and the adequacy of compensation.

1. Whether the Tribunal was justified in attributing 50% contributory negligence to the claimant.

2. Whether there were grounds to enhance the compensation awarded by the Tribunal.

Rule 5(4) of the Karnataka Traffic Control (Regulation of Traffic on Highways) Rules, 1979 provides that a pedestrian shall not cross a highway except at a demarcated pedestrian crossing, wherever one exists.

The appeal was brought under Section 173(1) of the Motor Vehicles Act, 1988.

The judgment cited no precedent governing assessment of compensation.

The Court upheld the 50% contributory-negligence finding because the accident occurred on a national highway, the claimant was crossing away from a demarcated pedestrian crossing, and Rule 5(4) applied.

On compensation, the Court considered the claimant’s six injuries, including two classified as grievous, his 23-day hospital stay, and medical bills of ₹10,565.

It assessed compensation under pain and suffering, medical expenses, attendant and conveyance charges, food and nourishment, loss of amenities, and loss of income during the laid-up period, totaling ₹1,54,565.

After applying the claimant’s 50% contributory negligence, it fixed his entitlement at ₹77,283.

The appeal was allowed in part, and the claimant was awarded an additional ₹52,283, with interest at 6% per annum from the date of the petition until realization.

The insurer was directed to deposit the enhanced compensation and interest with the Tribunal within six weeks, and the claimant was entitled to release of the entire enhanced amount.