Daijiworld Media Network - Bengaluru (SP)
Bengaluru, May 10: In a rare case, the high court (HC) affected a major cut in the compensation decided for the family of an accident victim by the lower court. While slicing off a sum of Rs 17.67 lac out of the compensation amount decided earlier, the HC relied on the fact that negligence of the individual concerned was the major reason for his death in the accident.
A native of Uttar Pradesh, Neerajkumr Sahu, working as software engineer here, had died in an accident involving a truck and a motor bike. The lower court had decided upon compensation of Rs 58.90 lac to the family of the engineer. The HC, while disposing off an appeal, brought down this amount, considering that negligence of Sahu, who was driving a two-wheer at the time, had caused the accidental death.
In normal course, people aggrieved by low amount of compensation decided by lower courts, approach the HC seeking to enhance the compensation. The HC, which decides the compensation amount on the basis of lapses during accident, employment of the victim, his age etc, many a time affects an increase in the compensation decided by lower courts. Rarely does it scale down compensation on the basis of negligence of the victim.
Through this judgement, the HC has sent out a clear message that vehicle riders need to be extremely careful when driving, as high speed and reckless driving are bound to cause accidents. It also sent out a warning signal that if the negligence of the deceased is proved, it would be hard for the concerned to get high compensation amount.
Sahu, working for a private company here, had died in a hospital on October 30, 2010, after the motor bike driven by him collided with a truck near Bommanahalli Junction. His wife had approached Motor Vehicles Tribunal seeking compensation, pointing out that her husband was drawing salary of Rs 42,280 per month, and seeking a compensation of Rs 80 lac. His family members living at Uttar Pradesh were also named as petitioners in the suit. The tribunal, holding that truck driver's negligence had caused the death, had ordered New India Assurance Co Ltd, to pay compensation of Rs 58.9 lac with 6 percent per annum interest. The company had appealed against this order in the HC.
The division bench of the HC, which heard the case, came to the conclusion that in the accident, negligence of the two-wheeler rider was of more grave nature. It ordered payment of Rs 41.23 lac compensation by the company, out of which his wife, parents, and siblings will get a share.