Widow And 2 Children Can Recover Full ₹15.54 Lakh From Either Vehicle’s Owner Despite 60:40 Fault Split: P&H HC

The appellants, the deceased’s wife and two children, sought enhancement of compensation awarded for his death in a head-on collision between a Punjab Roadways bus and a tractor on 3 July 1998.

The deceased, a Junior Engineer, was travelling in the bus; the Tribunal awarded Rs.6,10,000 and held the tractor’s owner-driver solely liable.

The claimants appealed both the negligence finding and the quantum of compensation.

The High Court reconsidered the eyewitness evidence, the circumstances of the collision, and the compensation calculation.

The Court relied on the principles in Sarla Verma v. Delhi Transport Corporation, 2009 (6) SCC 121, for selection of the multiplier; National Insurance Co. Ltd. v. Pranay Sethi, 2017 (16) SCC 680, for future prospects and conventional heads of compensation.

The principle that the claimant’s right against multiple tortfeasors in a composite-negligence case is joint and several, notwithstanding apportionment of responsibility between the tortfeasors.

The Court also stated that eyewitness testimony on oath carries greater evidentiary weight than the contents of an FIR, which serves a corroborative purpose.

No specific statutory provision was cited.

The two eyewitnesses testified that both drivers drove rashly and negligently without using a dipper at night; the bus conductor’s evidence and the FIR also supported the head-on nature of the collision.

The Court considered the Tribunal’s reliance on the FIR and the conductor insufficient to disregard the eyewitness evidence, and noted that a related award arising from the same accident had apportioned negligence 60:40 between the bus and tractor.

It therefore found both drivers negligent in that ratio.

For quantum, the Court took the deceased’s monthly income as Rs.9,000, treated him as 40 years old, added 30% for future prospects, deducted one-third for personal expenses, and applied a multiplier of 15.

It added the specified amounts for estate, funeral expenses, and consortium, producing total compensation of Rs.15,54,000.

The Court modified the negligence finding, holding the bus and tractor responsible in the ratio of 60:40, while preserving the claimants’ right, as third parties, to recover the entire compensation from any or all respondents because liability was joint and several.

Compensation was enhanced from Rs.6,10,000 to Rs.15,54,000, an increase of Rs.9,44,000.

The enhanced amount carries 7.5% interest from the date of the claim petition, except that interest on conventional heads runs from August 2017; payment liability between the vehicles remains apportioned 60:40, and apportionment among the claimants is as per the Tribunal’s award.