Railway Sweeper’s Family Gets Rs 40,000 More As Gujarat HC Upholds Bus Driver’s Negligence In Fatal Crash

On 1 October 2006, a bus collided with a bicycle ridden by a 32-year-old Railway sweeper, who died.

His legal heirs brought a claim before the Tribunal, which attributed responsibility for the accident to the bus driver, assessed the deceased’s monthly income at ₹8,684, and awarded ₹20,30,744.

The State Road Transport Corporation appealed, challenging the finding of 100% negligence and certain amounts awarded under conventional heads.

The Court relied on *Mangla Ram v. Oriental Insurance Co. Ltd.*, (2018) 5 SCC 656, in considering the significance of the charge-sheet against the bus driver in determining negligence.

It also applied *National Insurance Co. Ltd. v. Pranay Sethi*, (2017) 16 SCC 680, to reassess compensation under consortium and other conventional heads.

The Court accepted the deceased’s established salary as the income base, added 50% for future prospects, deducted one-fourth for personal expenses, and applied a multiplier of 16.

The charge-sheet had been laid against the bus driver; applying *Mangla Ram*, the Court upheld the Tribunal’s finding that the driver was responsible for the accident.

The salary slip supported monthly income of ₹8,684, and the Court upheld the Tribunal’s treatment of future prospects and personal-expense deduction. Applying a multiplier of 16, it affirmed the dependency award of ₹18,75,744.

It then recalculated the conventional heads under *Pranay Sethi*, fixing consortium at ₹1,56,000 for three claimants, loss of estate at ₹19,500, and funeral expenses at ₹19,500, for total compensation of ₹20,70,744.

The claimants were awarded an additional ₹40,000, carrying interest at 9% per annum from the date of the claim petition until realization.

The Corporation was directed to deposit the enhanced amount within ten weeks of receiving the order, for disbursement to the claimants after verification by NEFT/RTGS.