Triple riding alone does not establish contributory negligence without proof that it caused the accident.

The claimants, the parents and brothers of the deceased, appealed under Section 173 of the Motor Vehicles Act, 1988, seeking enhancement of compensation for the death of 20-year-old Deepesh Shandilya in a road accident on 31 January 2022.

The Claims Tribunal awarded Rs.10,55,880, having assessed monthly income at Rs.8,000, deducted 10% for contributory negligence because three persons were riding the motorcycle, and awarded Rs.45,000 under conventional heads.

The claimants challenged the negligence deduction, income assessment, and amounts awarded under conventional heads, including the omission of consortium.

Whether riding three persons on a motorcycle, without evidence that this contributed to the accident, justified a deduction for contributory negligence.

Whether the deceased’s monthly income and the compensation under conventional heads required enhancement.

Under Section 173 of the Motor Vehicles Act, 1988, an aggrieved party may appeal an award of the Claims Tribunal.

The Court applied Mohammed Siddique v. National Insurance Company Limited and Kaliram Sahu & Ors. v. Chamanlal Dewangan & Ors., holding that triple riding alone does not establish contributory negligence unless it is shown to have contributed to the accident.

For calculating compensation, the Court relied on Sarla Verma & Ors. v. Delhi Transport Corporation & Ors. for the multiplier and personal-expense deduction, National Insurance Company Ltd. v. Pranay Sethi for future prospects and conventional heads, and Magma General Insurance Co. Ltd. v. Nanu Ram for consortium.

The Court also applied the Chhattisgarh minimum-wage notification to assess the deceased’s monthly income at Rs.9,280.

The Tribunal had deducted 10% solely because three persons were travelling on the motorcycle. As the record contained no evidence that any wrongful act by the motorcycle’s driver contributed to the accident, the Court held that the deduction was unsupported by the governing authorities and removed it.

It substituted the notified monthly income of Rs.9,280 for the Tribunal’s Rs.8,000 assessment, while affirming the 40% addition for future prospects, ½ deduction for personal expenses, and multiplier of 18.

It further increased the amount under conventional heads from Rs.45,000 to Rs.2,09,000, including consortium. The resulting calculation increased total compensation to Rs.16,12,136.

The claimants were held entitled to an additional Rs.5,56,256, with interest at 6% per annum from the date of filing the claim application until realization; the remaining terms of the Tribunal’s award were left undisturbed.