The deceased scooterist was not contributorily negligent where the car driver was charge-sheeted and not examined.

On 8 December 2009, a collision between a scooter and a car killed Maheshbhai Dahyabhai Brahmkshtriya, a 50-year-old Senior Telephone Operating Assistant with BSNL.

His widow and two children filed a motor-accident compensation claim.

The Tribunal found both the car driver and Maheshbhai negligent, attributing 5% negligence to Maheshbhai. It assessed his monthly income at Rs.26,012 and awarded compensation; the claimants appealed, challenging both the negligence finding and the adequacy of the award.

1. Whether the Tribunal was justified in attributing 5% contributory negligence to the deceased, or whether the car driver alone was responsible for the accident.

2. Whether the compensation should be enhanced by applying future prospects, the appropriate multiplier and conventional heads of compensation, and whether interest should be increased.

The Court applied the principles in National Insurance Company Ltd. v. Pranay Sethi, 2017 (16) SCC 680, including the addition of future prospects for a deceased in permanent employment and the conventional compensation heads.

It also relied on Reena v. Managing Director, Karnataka State Road Transport Corporation, 2026 (0) AIJEL-SC 77486, in fixing consortium at Rs.52,000 for each eligible claimant and compensation for loss of estate and funeral expenses at Rs.19,500 each.

The Court applied a 30% addition for future prospects, a one-third deduction for personal expenses where there were three dependants, and a multiplier of 13 for the deceased’s age of 50 years and two months.

The Tribunal’s 5% negligence finding was not sustainable: the car driver had been summoned but was not examined, while the charge-sheet had been filed against him. The Court therefore held the driver solely responsible.

It upheld the monthly income of Rs.26,012 because the deceased’s pay-slip was the relevant evidence of his salary at the time of the accident.

Given his permanent BSNL employment, the Court added 30% future prospects, deducted one-third for personal expenses, and applied a multiplier of 13, calculating future loss of income at Rs.35,16,864.

It then awarded consortium and conventional sums in accordance with the cited authorities, bringing total compensation to Rs.37,11,864.

The enhanced amount is payable with interest at 9% per annum from the date of the claim petition until payment. The Insurance Company was granted eight weeks to deposit it.