Student Killed In Scorpio’s Wrong-Side Overtaking Crash: Karnataka HC Removes 50% Contributory Negligence, Raises Compensation To ₹19.45 Lakh

On 17 December 2016, K. Gopikrishna was riding a motorcycle with a pillion passenger when a Scorpio car, attempting to overtake a bus, crossed to the wrong side of the road and collided with the motorcycle.

Gopikrishna died from his injuries.

His parents’ claim petition was partly allowed by the Motor Accident Claims Tribunal, which awarded ₹8,94,000, assessed 50% contributory negligence against the deceased, and directed the insurer to pay 50% of the award.

The parents appealed under Section 173(1) of the Motor Vehicles Act, seeking removal of the contributory-negligence finding and enhancement of compensation.

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

For assessing the deceased’s notional income, the Court applied the Karnataka State Legal Services Authority (KSLSA) guidelines, fixing monthly income at ₹9,500 for an accident occurring in 2016.

The Court also applied a 40% addition for future prospects, a one-third deduction for personal expenses, and a multiplier of 18 in calculating loss of dependency.

The Court set aside the finding of contributory negligence because the charge sheet, spot sketch and spot mahazar supported the claim that the car driver caused the collision while overtaking; on that evidence, attributing 50% liability to the deceased was improper.

For loss of dependency, the Court substituted the KSLSA notional income of ₹9,500 per month for the Tribunal’s figure of ₹6,000, added 40% for future prospects, deducted one-third for personal expenses, and applied a multiplier of 18, arriving at ₹19,15,272.

With ₹15,000 each for loss of estate and funeral and transportation expenses, total compensation came to ₹19,45,272.

The Tribunal’s award was modified from ₹8,94,000 to ₹19,45,272, payable in full by the insurer with interest at 6% per annum from the date of the petition until realization.

The insurer was directed to deposit the amount within eight weeks of receiving the certified copy, and the Tribunal was directed to release the entire compensation to the claimants.