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2023 Insurance July 2023

Contributory negligence & pillion rider

July 19, 2023 legaldeli

Judgment dated 17.7.2023 of the High Court of Bombay

Contributory negligence – pillion rider

On 27.2.2003, the appellant, aged 4 years, while travelling on the motor cycle with his father, was dashed by a crane, suffered amputation of left wrist and the right thumb was crushed.

The Tribunal recorded the finding of contributory negligence of the father and reduced the claim of Rs.10 lakhs for 70% permanent disability to Rs.3,38,000/- vide Award dated 18.1.2010.

IN APPEAL, it was held that the principle of contributory negligence can be invoked only in the claim of contributor in cause of accident. The appellant-claimant being pillion rider cannot be made to suffer and his case would be governed by the principle of composite negligence. Therefore, the liability of the respondents – owner and the insurer – would be absolute to pay compensation.

Considering the loss of future earning and applying multiplier of “15” as also compensation for various losses, it was held that the compensation is liable to be substantially enhanced. The appeal was partly allowed and total compensation of Rs.11,73,000/- under ten heads was granted.

First Appeal No.1278 of 2010 – Master Swapnil Satish Choudhari Vs. Smt. Kusumbai D. Jadhav and another

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