Divisional Controller, v. Kempachari
Motor accident death – parked KSRTC bus – contributory negligence 25:75
Case brief
What is this about?
Contributory negligence 25:75 parked bus accident; Section 166 MV Act claim hinges on established negligence; Minu B Mehta AIR 1977 SC 1248 relied on; driver's duty to place breakdown reflectors at safe distance; blinkers insufficient; Lok Adalath notional income table 2017 Rs.11,000 per month; carpenter income taken at Rs.12,500 per month; 40% future prospects; 50% personal expense deduction; adult siblings not dependents; multiplier 18; loss of dependency Rs.18,90,000; consortium Rs.40,000 per claimant parents and siblings; total Rs.20,80,000; 75% payable Rs.15,60,000 with 6% interest; enhancement Rs.3,56,000; MVC No.136/2018 MACT Mysuru; MFA u/s 173(1) MV Act; KSRTC Mysuru Rural Division; Ex.R1 photographs bus parked on metalled part; Post Mortem Ex.P5 head injury haemorrhage.
What did the court decide?
Both appeals disposed of by modifying the judgment and award in M.V.C.No.136/2018: claimants granted compensation of Rs.15,60,000/- (75% of the recomputed total of Rs.20,80,000/-, the deceased's contributory negligence being 25%) with enhancement of Rs.3,56,000/-; the Transport Corporation is called upon to deposit Rs.15,60,000/- with interest at 6% per annum from the date of petition till deposit with the Tribunal for disbursement inter se the claimants subject to the Tribunal's decision on apportionment; any amount in deposit in the appeals is to be transferred to the Tribunal for disbursement.