Summary
A 20-year-old engineering student lost his left leg when, after a car ahead braked suddenly on a highway, his motorcycle hit the car and a bus ran over him. The Supreme Court re-apportioned negligence (car driver 50%, bus driver 30%, appellant 20%), raised the notional income of the student to Rs. 20,000 per month, restored the Tribunal's attendant charges of Rs. 18 lakh and enhanced loss of marital prospects, fixing total compensation at Rs. 1,14,24,066 and the payable sum at Rs. 91,39,253 with 7.5% interest.
Issues
- How negligence should be apportioned among the car driver who braked suddenly on a highway, the bus driver who ran over the fallen rider, and the motorcyclist who failed to keep a safe distance.
- What notional monthly income should be taken for a third-year engineering student with 100% functional disability.
- Whether the High Court was justified in reducing attendant charges from Rs. 18 lakh to Rs. 5 lakh and whether the award under loss of marital prospects was adequate.
Provisions considered
- Rule 23 (distance from vehicles in front), Rules of the Road Regulations, 1989The Tribunal relied on the rule requiring a driver moving behind another vehicle to keep sufficient distance to avoid collision if the vehicle in front suddenly slows or stops, and found the motorcyclist 20% contributorily negligent. The Court accepted that the appellant was negligent on this count and in riding without a valid licence, but held the root cause was the car driver's unexplained sudden braking on a highway without any warning or signal. (¶¶ 5, 6)
- Article 142, Constitution of IndiaThe Court referred to Navjot Singh v. Harpreet Singh, where notional income of an engineering student had been fixed under Article 142, and drew on its observation that campus-recruited students are offered at least Rs. 20,000 per month to fix the appellant's notional income at that figure in the interest of justice. (¶¶ 8, 9)
Held
- A driver who stops his vehicle suddenly in the middle of a highway, where high speed is expected, must give a warning or signal to vehicles behind; absent any such precaution, the sudden braking is the root cause of the resulting collision. On the facts the car driver's explanation (his pregnant wife felt like vomiting) was not reasonable, and liability was apportioned 50% to the car driver, 30% to the bus driver and 20% contributory negligence to the appellant, who had not kept a sufficient distance and had no valid licence. (¶¶ 5, 6, 12)
- The notional income of an engineering student cannot be equated with an unskilled worker's wages; following the observation in Navjot Singh that such students are offered at least Rs. 20,000 per month on campus placement, notional income was taken at Rs. 20,000, with 40% future prospects and multiplier 18 per Sarla Verma and Pranay Sethi, giving loss of income of Rs. 60,48,000. (¶¶ 7, 8, 9)
- Where a claimant's left leg has been amputated and he will need lifelong assistance for daily routine, attendant charges of Rs. 6,000 per month for 25 years (Rs. 18 lakh) fixed by the Tribunal were justified; the High Court erred in reducing them to Rs. 5 lakh merely by calling the figure exorbitant without cogent reasons. (¶ 10)
- Compensation for loss of marital prospects of Rs. 2.5 lakh was insufficient and was enhanced to Rs. 5 lakh; the High Court's award of Rs. 5 lakh for future medical expenses was upheld and the other heads affirmed, bringing total compensation to Rs. 1,14,24,066. (¶¶ 10, 11)
- Where both offending vehicles are insured, the insurers bear the compensation in proportion to their drivers' negligence: the car insurer 50% and the bus insurer 30%, with the 20% contributory share deducted from the total. (¶ 12)
Result
Appeals disposed of. Compensation fixed at Rs. 1,14,24,066; after deducting 20% for contributory negligence, Rs. 91,39,253 is payable with interest at 7.5% per annum from the date of filing of the claim petition, respondent no. 3 (car insurer) bearing 50% and respondent no. 1 (bus insurer) 30%, to be paid within four weeks. Pending applications disposed of.