Wrong-Side Motorcycle Driver Solely Caused Fatal Crash, Chhattisgarh HC Raises Victim’s Family’s Compensation To Rs 21.51 Lakh

The appellants, the widow, minor children and parents of Suresh Uika, sought compensation under Section 166 of the Motor Vehicles Act, 1988, after he died from injuries sustained in a motorcycle collision on 14 August 2021.

The Tribunal awarded Rs. 10,57,840, assessing the deceased’s monthly income at Rs. 7,000 and attributing 30% contributory negligence to him.

The claimants appealed under Section 173, seeking enhancement and challenging the finding of contributory negligence.

Section 173 of the Motor Vehicles Act, 1988 provides for an appeal against a motor accident claims award, while Section 166 provides the basis for a claim arising from a motor vehicle accident.

Under Sarla Verma v. Delhi Transport Corporation, the multiplier and deduction for personal expenses are determined with reference to the deceased’s age and the number of dependants; under National Insurance Co. Ltd. v. Pranay Sethi, future prospects and conventional heads of compensation are assessed in accordance with the principles laid down by the Supreme Court.

The Court also relied on Magma General Insurance Co. Ltd. v. Nanu Ram, applying the principle that eligible dependants may receive consortium.

The eyewitness, who was a pillion rider on the offending motorcycle, testified that its driver was speeding, driving negligently and travelling on the wrong side of the road. His evidence was unrebutted and corroborated by the charge sheet; the respondents produced no evidence establishing negligence by the deceased. The Court therefore set aside the finding of contributory negligence.

It assessed the deceased’s monthly income at Rs. 9,200, added 40% for future prospects, deducted one-fourth for personal expenses and applied a multiplier of 16, resulting in dependency compensation of Rs. 18,54,720.

It also increased the amounts for loss of estate and funeral expenses to Rs. 16,500 each and awarded Rs. 44,000 consortium to each of the six claimants.

The appellants were awarded an additional Rs. 10,93,880, carrying interest at 6% per annum from the date of filing the claim application until realization. The appeal was allowed in part, with the remaining terms of the Tribunal’s award left unchanged.