Sudden Crossing At Junction Without Zebra Crossing: Madras HC Finds Deceased 20% Contributorily Negligent, Cuts Family’s Bus-Death Compensation To Rs 8.01 Lakh

On 16 November 2021, Krishnan was struck by a State Transport Corporation bus while at or crossing a road junction and later died.

The Tribunal found the bus driver negligent and awarded Rs.9,79,600, assessing Krishnan’s monthly income at Rs.8,000. The Corporation appealed under Section 173 of the Motor Vehicles Act, and the claimants cross-objected seeking enhancement.

The appeal was brought under Section 173 of the Motor Vehicles Act, and the claimants’ cross-objection under Order XLI Rule 22 of the Code of Civil Procedure.

The Court applied the principles that a driver must exercise reasonable care, particularly when negotiating a junction, and that a pedestrian’s conduct may be assessed for contributory negligence where it contributes to an accident.

The evidence placed the accident at a junction and supported the bus driver’s account that Krishnan suddenly crossed where there was no designated crossing. However, the absence of a zebra crossing did not excuse the driver from exercising care while turning.

The Court therefore attributed 20% contributory negligence to Krishnan and limited the Corporation’s liability to 80%. For quantum, it raised the monthly income from Rs.8,000 to Rs.9,000, added 10% future prospects, deducted one-third for personal expenses and applied a multiplier of 11, fixing loss of dependency at Rs.8,71,200.

After deducting 20% for Krishnan’s contributory negligence, it fixed the Corporation’s liability at Rs.8,00,960, with interest at 7.5% per annum from the date of the claim petition until deposit, subject to exclusion of any claimant-attributable delay. The Corporation was directed to deposit the amount, after crediting sums already deposited, within six weeks.