The Kerala High Court, Ernakulam, has enhanced compensation by ₹2.39 lakh in a motor accident case and set aside a 20% deduction imposed on the ground of contributory negligence, holding that merely carrying two pillion riders does not automatically amount to negligence.
The case arose from an appeal filed against the adequacy of the compensation awarded by the Motor Accidents Claims Tribunal, Thrissur, with respect to injuries sustained by the appellant in a road accident involving a jeep and a motorcycle. The appellant also challenged 20% deduction from the total compensation on the ground of contributory negligence.
Allowing the appeal, the bench of Justice Jobin Sebastian noted that though carrying two pillion riders is a violation of the provisions of the Motor Vehicles Act, it cannot, by itself, give rise to a presumption of contributory negligence.
The Court ruled that such a deduction was unsupported by evidence, noting that contributory negligence must be proved through cogent material to be presented by the insurer or the respondent showing that the violation had a direct nexus with the accident. Reference was made to Binoj Antony vs. New India Assurance Company Ltd., (2014) (1) KLT 393, and Mohammed Siddique and Another v. National Insurance Company Ltd. and Others, (2020) 3 SCC 57.
On the question of the quantum, the court held that the tribunal had erred in assessing the monthly income of the appellant at a lower figure and in arbitrarily reducing the percentage of permanent disability. Having regard to the year of the accident, medical records, and the nature of the injuries, the court revised the notional monthly income to ₹8,000, accepted 13% permanent disability, and enhanced amounts under the heads of loss of earnings, pain and suffering, and loss of amenities.
Accordingly, the appeal was allowed, and the court directed the insurance company to deposit the enhanced compensation with 7.5% interest, excluding 304 days for delay in filing the appeal, within three months.
Appearance:
Advocate A. R. Nimod and Advocate M.A. Augustine for the Appellant
Advocate P.K. Manoj Kumar for the Insurance Company
