Contributory negligence - Tribunal cannot dismiss a claim in toto merely because the deceased was held to be contributory negligent.
Chhattisgarh High Court Revises Tribunal's Decision on Contributory Negligence in Accident Case. Court directs Tribunal to reconsider compensation in light of contributory negligence, remits case for further adjudication.
News Report: In a significant judgment on September 18, 2025, the Chhattisgarh High Court set aside part of a decision by the Motor Accident Claims Tribunal, Jashpur, regarding the dismissal of a compensation claim due to contributory negligence. The case involved appellants Robnet Kujur and others versus Rajesh Kujur and others, concerning a motor vehicle accident on January 31, 2020, where the deceased, Nishi Vishal Kujur, was found to have been contributory negligent.
The Tribunal had dismissed the claim application entirely, citing the deceased's contributory negligence. However, the High Court, presided over by Justice Sanjay K. Agrawal, highlighted that under the Motor Vehicles Act, 1988, the Tribunal was required to assess the degree of contributory negligence and subsequently quantify the compensation, rather than dismissing the claim outright.
The appellants, represented by Advocate Divyanand Patel, argued that the Tribunal's decision was contrary to established legal principles regarding contributory negligence. They referenced the Supreme Court's ruling in T.O. Anthony v. Karvarnan & Others (2008), which clarifies that contributory negligence should result in a proportional reduction of damages, not an outright dismissal.
Counsel for the respondents, Ms. Harneet Kaur and Mr. Sanjeev Kumar Sahu, supported the Tribunal's original judgment, asserting its correctness. However, the High Court found that the Tribunal's approach was flawed, as it did not properly adjudicate the extent of the deceased's contributory negligence before arriving at its decision.
Justice Agrawal's judgment emphasized that when contributory negligence is established, the Tribunal must determine the extent of negligence and adjust the compensation accordingly. The judgment mandates the Tribunal to reassess the case, allowing the parties to present additional evidence if necessary, and expedite the process given the accident's date.
This ruling not only impacts the involved parties but also sets a precedent for how contributory negligence cases should be handled by claims tribunals, ensuring that claimants receive fair consideration even when partial negligence is attributed to them.
The appeal was partially allowed, with the High Court directing the Tribunal to reevaluate the claim and determine an appropriate compensation amount. This decision reinforces the legal principle that contributory negligence should lead to a proportional reduction in damages, ensuring justice for claimants.
Bottom Line:
Contributory negligence and quantum of compensation - Claims Tribunal cannot dismiss a claim application in toto merely because the deceased was held to be contributory negligent. Instead, it must adjudicate the extent of contributory negligence and quantify the compensation accordingly.
Statutory provision(s): Motor Vehicles Act, 1988, Section 173
Robnet Kujur v. Rajesh Kujur, (Chhattisgarh) : Law Finder Doc Id # 2780973
