2014 (1) AKR 166 ::2014 AAC 57 (KAR)

Karnataka High Court

Hon'ble Judge(s): H. Billappa, B. S. Indrakala , JJ

( A ) Motor Vehicles Act (59 of 1988) S. 166 — Contributory negligence — Proof of — Goods tempo and Santro car dashed against each other — Owner of Santro died and inmates sustained injuries — Inmate stated that accident occurred due to rash and negligent driving of drivers of both vehicles — Complaint and Mahazar clearly stated that accident occurred due to head on collision of both vehicles — After investigation, charge-sheet filed against both drivers — Contributory negligence, proved. (Paras2021222325)

( B ) Motor Vehicles Act (59 of 1988) S. 168 — Compensation — Quantum — Deceased was businessman earning Rs. 5,26,880/- p.a. — 30% added towards future prospects — ¼th deducted towards personal expenses — Multiplier of 15 adopted as age of deceased was 39 years — Rs. 77,05,620/- awarded towards loss of dependency — 50% deducted towards contributory negligence of driver of car owned by deceased — Rs. 45,000/- awarded towards loss of consortium, loss of love and affection, loss of estate, transportation and funeral expenses — Total compensation of Rs. 38,97,810/- awarded. AIR 2012 SC 2185, Relied on. (Paras26-29)