Facts
The claimants—the deceased’s wife, minor son and parents—sought compensation under Section 166 of the Motor Vehicles Act after Tharamurthy died in a collision involving his scooter and a BMTC bus on 11 September 2021.
Source reference: p. 3–6They alleged that the bus struck the scooter from behind; BMTC contended that the deceased lost control while attempting to overtake the bus and fell beneath its rear wheel.
Source reference: p. 3–6The Tribunal found the bus driver negligent and awarded Rs.43,04,312, with interest at 6% per annum.
Source reference: p. 10–11BMTC appealed, challenging the finding on negligence and the quantum of compensation.
Source reference: p. 11–13Issues
Whether the Tribunal erred in finding the BMTC bus driver negligent and whether contributory negligence should be attributed to the deceased.
Source reference: p. 11–14Whether the Tribunal’s assessment of compensation required interference.
Source reference: p. 12–13, 15Law Applied
The claim was brought under Section 166 of the Motor Vehicles Act, and the appeal was brought under Section 173(1).
Source reference: p. 2, 4On compensation, the Tribunal had relied on National Insurance Co. Ltd. v. Pranay Sethi, which sets out principles for adding future prospects, and Hem Raj v. Oriental Insurance Co. Ltd., which holds that future prospects may be awarded even where income is assessed by estimation.
Source reference: p. 9Reasoning
The court upheld the Tribunal’s finding that the BMTC driver was negligent, but considered that the circumstances—including how the deceased came into contact with the bus and his attempt to overtake it—also warranted attributing some responsibility to him. It therefore fixed contributory negligence at 10%.
Source reference: p. 13–14The court rejected the challenge to the compensation assessment, leaving the Tribunal’s findings on income, multiplier and other heads undisturbed.
Source reference: p. 15Applying the 10% reduction to the Tribunal’s award of Rs.43,04,312, the court calculated compensation payable at Rs.38,73,881 after rounding.
Source reference: p. 14–15Holding
The appeal was allowed in part. The award was modified from Rs.43,04,312 to Rs.38,73,881 solely to reflect 10% contributory negligence attributed to the deceased.
The modified compensation carries interest at 6% per annum from the date of the petition until realization; the Tribunal’s remaining directions were left undisturbed.
Source reference: p. 15Acts & Sections Cited
2 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.
Motor Vehicles Act, 19882
Original Court PDF
THE MANAGING DIRECTORvsSMT KAVYA D N
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