In an appeal filed before the Kerala High Court against an award dated 30-10-2018 by the Motor Accident Claims Tribunal, Thrissur (MACT), a Single Judge Bench of Justice Jobin Sebastian enhanced the compensation awarded and held that no amount was to be deducted on account of contributory negligence on the part of the appellant.
The present appeal was filed by the appellant to seek enhancement in the compensation awarded to him because of the injuries suffered by him in a motor accident on 03-09-2011. The appellant asserted that he was riding a motorcycle with two pillion riders when they were hit by a jeep being driven rashly and negligently. As a result, the appellant, along with the pillion riders, suffered grievous injuries.
The insurance company contended that the accident occurred due to the appellant’s negligence, as he was riding with two pillion passengers. Thereafter, the MACT held that the accident occurred due to the negligence of the jeep driver and found that by carrying two pillion riders, the appellant was guilty of contributory negligence to the extent of 20%. Hence, the appellant was entitled to Rs. 1,47,840/- as compensation.
The Court stated that the MACT ought to have assessed the notional monthly income of the appellant as Rs. 8000/- in light of the Supreme Court’s decision in Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Company Ltd. (2011) 13 SCC 236. It was noted that the permanent disability of the appellant was assessed by MACT as 10% instead of 13% without any convincing reason. The Court stated that, in the event of any doubt regarding the correctness of the disability, the MACT ought to have referred the petitioner to a Medical Board for reassessment rather than arbitrarily reducing the percentage.
Taking note of the injuries, the Court stated that the assessment of 13% permanent disability was reasonable and hence, the amount under the head of permanent disability was increased. Further, the Court found that the appellant would have been unable to work for at least 8 months and accordingly increased the amount awarded under the head of loss of earnings. After considering all other heads, the Court stated that, in total, an amount of Rs. 2,39,840/- was to be added to the total compensation awarded.
Considering whether carrying two pillion riders on a motorcycle constitutes negligence, the Court referred to various decisions and held that the mere fact of carrying more than one pillion rider cannot give rise to a presumption of contributory negligence. It was said that for negligence to be established, there must be cogent evidence demonstrating that carrying two pillion riders had a direct connection with the accident. Thus, the Court said that compensation could not be reduced on a mechanical basis.
The Court allowed the appeal and directed the insurance company to deposit the enhanced compensation with interest and proportionate costs within three months.
Appearances:
For Appellant – Mr. A.R. Nimod, Mr. M.A. Augustine
For Respondents – Mr. P.K. Manojkumar
