Case Law Details
Rajendra Singh and Ors (Appelant) Vs. National Insurance Company Limited and Ors (Supreme Court)
HELD THAT: Passengers travelling in vehicle cannot be held responsible for contributory negligence of the driver of the vehicle and claim cannot be reduced on the same ground.
FACTS OF THE CASE:
The deceased in the appeal was a housewife aged about 30 years. The second deceased was her daughter aged about 12 years. The claimants are the husband/father of the deceased and three minor siblings. The two deceased on 25.12.2012 were travelling in a horse cart along with some others to a religious congregation. The horse cart was hit by a bus resulting in their death. The Tribunal assessed the notional income of the first deceased at Rs.36,000/ per annum and after 1/4 th deduction towards personal expenses, with a multiplier of 17 awarded a compensation of Rs.4,59,000/. The Tribunal then deducted 50% on ground of contributory negligence as the horse cart was stated to have been in the middle of the road when the accident took place. A sum of Rs.1,00,000/ was then added as loss of consortium and Rs.25,000/ towards funeral expenses leading to an award total of Rs.3,54,500/ with interest at the rate of 7.5%.
In so far as the minor child is concerned, the notional income was assessed at Rs.36,000/ per annum, applying a 50% deduction towards personal expenses with a multiplier of 15, the compensation was awarded at Rs.2,70,000/ out of which 50% was again deducted towards contributory negligence. A sum of Rs.25,000/ was added towards funeral expenses, leading to an award total of Rs.1,60,000/ with interest at the rate of 7.5%.
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