Unsubstantiated allegations cannot sustain 30% contributory negligence; the claimant’s share was reduced to 10%.

The claimant alleged that on 24 May 2018, while riding his motorcycle, he was struck by the first respondent’s car, causing grievous injuries.

The Motor Accident Claims Tribunal found both drivers negligent, attributing 30% contributory negligence to the claimant.

It assessed his disability at 82% and awarded ₹14,65,100 after deduction for contributory negligence.

The claimant appealed, challenging the negligence finding and seeking enhanced compensation.

Whether the Tribunal’s finding attributing 30% contributory negligence to the claimant should be modified

Whether the compensation awarded for disability and loss of income, and the resulting total award, warranted enhancement

The appeal was brought under Section 173 of the Motor Vehicles Act, 1988, which provides for an appeal against an award of a Claims Tribunal.

Negligence may be apportioned where the claimant’s conduct contributed to the accident, and compensation should be assessed on the evidence, including the claimant’s disability and income.

The claimant admitted that the collision occurred in the middle of the road, supporting some contribution by him. However, the insurer neither examined the car’s driver or another independent witness nor produced the rough sketch it relied on; the Court therefore rejected the insurer’s case that the claimant was wholly responsible and reduced his share of negligence from 30% to 10%.

Given the 82% disability, the 2018 accident date, and the claimant’s age, the Court increased the rate for disability from ₹5,000 to ₹7,000 per percentage, resulting in ₹5,74,000. It also raised the monthly notional income from ₹12,000 to ₹14,000 and awarded ₹4,34,000 for 31 months’ loss of income; the other heads were left unchanged.

The Court fixed contributory negligence at 10% against the claimant and 90% against the offending vehicle, recalculated the total compensation at ₹23,19,000, and, after the 10% deduction and rounding, enhanced the payable award from ₹14,65,100 to ₹20,87,000.

The insurer was directed to deposit the amount, with interest at 7.5% per annum from the date of the claim petition until deposit, subject to the stated exception for any period of default and credit for sums already deposited.