Accident Compensation – Contributory Negligence – Assessment
On 6.6.2016, the bus of the respondent had collided with the motor cycle of Boobalan resulting in his death on the spot. The claimants filed claim for Rs.3 crores on monthly income of Rs.70,000/- per month.
The Tribunal awarded compensation of Rs.75,97,060/- taking the monthly income at Rs.62,725/- as last drawn salary.
The High Court allowed the appeal, held that there was contributory negligence of the offending vehicle driver at 75% and 25% of the deceased. Secondly, the High Court assessed the monthly income at Rs.50,000/- per month.
In appeals, the Supreme Court HELD that there was no sufficient evidence to indicate that the accident occurred due to the negligence of the deceased. It was further held that the High Court erred in assessing the monthly income at Rs.50,000/- on the last drawn pay slip of Rs.62,725/- per month and the accident occurred on 6.6.2016. Therefore, the findings of the Tribunal were restored and enhanced compensation of Rs.1,20,84,925/- was granted.
Judgment dated 28.2.2025 of the Supreme Court of India in Civil Appeal Nos.3465-3466 of 2025 of Prabhavathi and others Vs. The Managing Director, Bangalore Metropolitan Transport Corporation
