2010 (3) AIR Kar R 575 ::AIR 2010 (NOC) (SUPP) 85 (KAR.)

Karnataka High Court

Hon'ble Judge(s): H. S. Kempanna , J

(A) Motor Vehicles Act (59 of 1988) S. 168 — Contributory negligence — Accident occurred due to rash and negligent driving — Deceased while travelling in bus fell down and sustained injuries when he was on foot door when bus took fast turn — Witness a police constable stated that deceased boarded a moving bus at place other than bus stop — Since accident occurred due to rash and negligent driving by driver and also due to negligence on part of deceased — Tribunal rightly assessed contributory negligence to extent of 80% on part of driver and 20% on part of deceased — However after considering specific evidence of constable as to negligence of deceased and other evidence — Contributory negligence reassessed and modified to extent of 70% on driver and 30% on deceased (Para 11,12)

(B) Motor Vehicles Act (59 of 1988) S. 168 — Quantum of compensation — Assessment — Deceased aged 41 years was working as conductor earning Rs 5,995/- p m — Net income of deceased assessed at Rs 5,895/- after deducting professional tax — Since deceased had another 19 years of service — 30% salary added towards future prospects — 1/3rd deducted towards personal expenses — After applying multiplier of 14 — Loss of dependency reassessed at Rs 8,58,312/- as against Rs 6,16,000/- — Rs 15,000/- awarded towards transportation and funeral expenses reduced to Rs 10,000/- — Also Rs 10,000/-awarded towards loss of love and affection along with Rs 10,000/- towards loss of consortium and loss of estate — Total compensation awarded at Rs 8,98,312/- as against Rs 6,51,000/- — Out of which 30% deducted towards contributory negligence on part of deceased — Claimants held entitled to compensation of Rs 6,28,818/- (Para 13,14,15,16)