HC deducts 40% compensation for negligence by deceased

NT Correspondent

Bengaluru: The High Court of Karnataka deducted 40% of the compensation payable to the kin of an accident victim after it found that the deceased was also responsible for the accident.

“Spot mahazar and the sketch clearly establish that there was contributory negligence on the part of the deceased as the accident was because of head-on collision between two vehicles that too in the middle of the road. The deceased was having nearly 10 to 12 feet open road on his left side to pass through. But, he moved on the wrong side. The principle of res ipsa loquituor is directly applicable to fix liability both on decease as well as respondent/driver,” the bench of Justice KS Mudagal and Justice Rajendra Badamikar said in their judgement recently.

The deceased, Mohammed Rehan, was 22-yearsold and studying in the sixth semester of mechanical engineering in Don Bosco Engineering College in Bengaluru. He met with an accident on April 5, 2017 near Chikkamallenahalli on Hassan-Holenarasipura road. The KTM Duke bike he was riding had a collision with a KSRTC bus and he died on the spot.

Compensation enhanced

The parents and sister of Rehan approached the Motor Accidents Claims Tribunal seeking compensation. The Tribunal awarded a compensation of Rs.12,39,600. They approached the HC with an appeal seeking enhancement of the compensation. The KSRTC also filed an appeal challenging the quantum of compensation.

The HC in its judgement calculated the compensation payable to the victim’s kin at Rs.24,33,000. This included Rs.22,68,00 for loss of dependency, Rs.1,32,000 for loss of consortium, Rs.16,500 for transportation of dead body and funeral expenses and Rs.16,500 for loss of estate. Out of this, Rs.9,73,200 was deducted as “40% contributory negligence” of the deceased.

Contributory negligence

The deduction in the compensation was necessitated as the court found that the victim was also responsible for the accident as much as the driver of the bus. “The accident spot is almost in the middle of the road. At the accident spot, the width of the road is more than 26 feet and it was a double road. The accident spot clearly discloses that the deceased has got sufficient space towards his left side ie., on Western side to pass-through. But, he has taken his two-wheeler towards the middle of the road nearly touching the median-line, which is not explained,” the HC stated in its judgement.

The negligence was calculated at 40% for the victim and 60% for the bus driver. “The deceased could have avoided the accident. He was also not wearing a helmet.

Looking to these facts and circumstances, it is evident that Respondent No 1 (bus driver) has also contributed to the accident as he could have also avoided the accident. Considering the facts and circumstances, the contributory negligence can be fixed to the extent of 40% to the deceased i.e., the rider of two wheeler and 60% to the driver of KSRTC Bus i.e., Respondent No 1,” the HC said.