Gujarat High Court Modifies Compensation in Fatal Accident Case

Court rejects contributory negligence claim, increases compensation for victims’ families.

In a significant ruling, the Gujarat High Court has modified the compensation awarded to the legal heirs and dependents of the deceased, Mayurbhai Jesingbhai Dhuda, in a motor vehicle accident case involving the Gujarat State Road Transport Corporation (GSRTC). The court has ruled out the contributory negligence attributed to the deceased by the Motor Accident Claims Tribunal (MACT) and enhanced the compensation for the claimants.

The case revolved around an accident that occurred on February 24, 2019, when Mayurbhai Dhuda was riding a motorcycle with two pillion riders and was struck by a State Transport bus. The MACT had initially assigned 10% contributory negligence to the deceased due to the tripling on the motorcycle and awarded compensation accordingly. However, the High Court found no material evidence to support this claim of contributory negligence.

Justice Hasmukh D. Suthar, who presided over the case, emphasized that contributory negligence could not be presumed merely due to tripling on a two-wheeler unless it directly contributed to the accident. The court held the driver of the GSRTC bus solely negligent and reassessed the compensation for the claimants.

The court analyzed the income of the deceased based on the evidence presented. Despite claims of a higher income, the court agreed with the tribunal's assessment of a monthly income of Rs. 9,000, citing a lack of substantial proof of higher earnings. It also increased the compensation for loss of estate, funeral expenses, and loss of consortium, awarding an additional Rs. 2,42,180 to the claimants.

The decision sets a precedent in addressing contributory negligence and compensation in motor vehicle accident cases, reinforcing the need for concrete evidence before attributing negligence to accident victims.

Bottom Line:

Motor Vehicle Accident - Contributory negligence cannot be presumed merely due to tripling on a two-wheeler unless it is proven that such tripling caused or contributed to the accident. Compensation reassessed for loss of estate, consortium, and future income.

Statutory provision(s): Motor Vehicles Act, 1988 Section 173

Legal Heirs And Dependents of Decd. Mayurbhai Jesingbhai Dhuda Minaben Jesingbhai Dhuda v. Gujarat State Road Transport Corporation, (Gujarat) : Law Finder Doc Id # 2822866