S.T. Bus Driver Solely Negligent for Wrong-Side Collision Despite Criminal Acquittal; Conventional Awards Enhanced per Pranay Sethi.

On November 11, 2021, Hasmukhbhai Chauhan and his wife Champaben were traveling on an Activa when a GSRTC bus, driven in a rash and negligent manner from the wrong side, collided with them.

The Motor Accident Claims Tribunal (Main), Patan, awarded compensation of ₹27,58,200/- in MACP No. 263/2021 and ₹8,05,800/- in MACP No. 264/2021, holding the bus driver solely negligent.

GSRTC appealed on the grounds of contributory negligence, while the claimants filed cross-objections seeking enhancement of compensation.

1. Whether the driver of the S.T. Bus was solely negligent or if the rider of the Activa contributed to the accident.

2. Whether the compensation awarded under conventional heads and loss of dependency required enhancement based on current legal precedents.

The Court applied the principles of negligence and assessment of compensation under the Motor Vehicles Act, 1988.

It relied on National Insurance Company Ltd. v. Pranay Sethi (2017) 16 SCC 680 to standardize awards for conventional heads like loss of estate (₹15k + 10% increment), funeral expenses (₹15k + 10%), and future prospects.

It further applied Magma General Insurance Co. Ltd. v. Nanu Ram @ Chuhru Ram (2018) 18 SCC 130 to grant "parental/filial consortium" to all legal dependents at ₹40k + 10% increment.

Regarding income assessment for unskilled/domestic work, the court followed Govind Yadav v. New India Insurance Co. Ltd. (2011) 10 SCC 683, emphasizing the use of minimum wages fixed by the State Government.

The Court rejected the Corporation's plea for contributory negligence, noting that the Panchnama and photographs showed 50-feet brake marks and established that the bus was on the wrong side of the road at excessive speed.

Although the driver was acquitted in criminal court, the High Court held that the civil standard of "preponderance of probabilities" in motor accident claims was satisfied.

In MACP 264/2021, the Court corrected the deceased's income from a flat ₹8,000/- to the prevailing minimum wage for skilled workers in Gujarat (₹9,490/-), added 10% for future prospects, and deducted 1/4th for personal expenses.

In MACP 263/2021, it increased the consortium award to cover all four dependents.

The High Court dismissed GSRTC’s appeals and partly allowed the claimants' cross-objections.

In MACP 263/2021, it awarded an additional ₹1,36,871/- (totaling ₹28,95,071/-) and in MACP 264/2021, it awarded an additional ₹2,69,740/- (totaling ₹10,75,540/-).

GSRTC was directed to deposit the additional amounts with 9% interest per annum from the date of the claim petition within six weeks.