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Judgment
P. Devadass
The Transport Corporation, being dissatisfied with the quantum of compensation awarded by the Tribunal, has directed this appeal. On
13.03.2002, one Joseph Frank lost his life in a road accident. The claimants are his dependents. The Tribunal granted them Rs. 3,84,000/-.
Learned Counsel for the Transport Corporation contended that the deceased himself contributed to the accident, he was guilty of contributory
negligence, so, there must be gradual reduction of the compensation amount.
On the other hand, the Learned Counsel for the Insurance Company contended that based on the evidence on record, the entire negligence was
fixed on the Corporation driver.
I have considered the rival submissions. Perused the materials on record and the impugned Judgment.
Negligence is a reckless act by a person. It may be negligence proper, contributory negligence or composite negligence. Contributory negligence
implies material contribution by a person to the accident. It may also emanate from the deceased or the injured in a road accident. Like any other
fact, the factor which goes to show that the deceased had contributed to the accident must be proved by relevant evidence.
Now, in this case, the documentary evidence and other evidence shows that the bus driver was at fault. However, there is no evidence from the
Transport Corporation, such as the bus driver or bus conductor or a bus passenger or a by-stander to the effect that the driver of the insured
vehicle was also at fault. In the circumstances, the Tribunal had correctly held that the accident was due to the rash and negligent driving of the bus
driver.
Based on the age of the deceased, the Tribunal had taken the correct multiplier. It had considered the income of the deceased and arrived at the
loss of dependency on account of the death of the deceased. On the whole, the amount awarded is neither low nor high and it is reasonable. In the
result, the Civil Miscellaneous Appeal is dismissed. The award of the Tribunal is upheld. Within 4 weeks from the date of receipt of a copy of this
Judgment, the Appellant shall deposit the entire compensation amount, less amount, if any, already deposited. On such deposit, the claimants are
permitted to withdraw their share as allocated by the Tribunal, less amount, if any, already withdrawn. No costs. Consequently, the connected
Miscellaneous Petition is closed.