High Court Partially Allows Appellant Appeal in Motor Accident Claim, Reduces Compensation Due to 25% Contributory Negligence of Deceased Minor Rider. Tribunal's Award Modified from Rs.11,55,000 to Rs.8,66,250 Under Motor Vehicles Act

Nature of Litigation: Appeal against a Motor Accident Claims Tribunal award under the Motor Vehicles Act, 1988

Remedy Sought

The appellant NWKRTC sought to set aside the Tribunal's judgment and award dated 31.08.2019, alleging error in holding the bus driver negligent and challenging the compensation quantum

Filing Reason

The appellant contended that the accident occurred due to the rash and negligent riding of the motorcycle by the deceased minor, who lacked a valid driving licence, and alternatively argued for contributory negligence

Previous Decisions

The Tribunal in MVC No.331/2018 awarded compensation of Rs.11,55,000/- with 6% interest, holding the bus driver negligent and fastening liability on NWKRTC

Issues

Whether the Tribunal erred in holding the bus driver solely negligent for the accident Whether contributory negligence should be attributed to the deceased minor rider Whether the quantum of compensation awarded by the Tribunal was justified

Submissions/Arguments

The appellant argued that the accident was solely due to the deceased's rash and negligent riding, as he was 17 years old, incompetent to ride, and lacked a valid driving licence The appellant cited the Motor Vehicle Inspector report (Ex.P4) showing no damage to the bus, supporting their contention Alternatively, the appellant submitted that if contributory negligence was found, at least 25% should be attributed to the deceased

Ratio Decidendi

In motor accident cases, contributory negligence can be attributed to a deceased minor rider who lacks a valid driving licence and fails to exercise due care, as evidenced by documentary reports showing no damage to the opposing vehicle -- Compensation quantum assessed using the multiplier method from Sarla Verma case should be upheld unless arbitrary, but reduced proportionally based on contributory negligence percentage

Judgment Excerpts

This Court finds merit in considering the appellant's contention of contributory negligence -- Having regard to the overall facts and circumstances and the documentary evidence on record, the ends of justice would be met by attributing 25% contributory negligence to the deceased and 75% negligence to the driver of the bus The deduction of 50% towards personal expenses and application of multiplier of 18 are in accordance with the principles laid down in Sarla Verma and others vs. Delhi Transport Corporation and another reported in (2009) 6 SCC 121

Procedural History

The accident occurred on 03.01.2018, leading to a claim petition under Section 166 of the Motor Vehicles Act, 1988 -- The Tribunal passed a judgment and award on 31.08.2019 in MVC No.331/2018 -- The appellant filed Miscellaneous First Appeal No.100428 of 2020 under Section 173(1) of the Motor Vehicles Act, 1988 -- The High Court heard the appeal on 30.01.2026 and delivered judgment on 06.02.2026