The High Court of Karnataka
Credit: PTI File Photo
Bengaluru: The High Court has enhanced compensation to the family of a car driver killed in an accident on Kanakapura Road from Rs 9.22 lakh to Rs 36.58 lakh.
The court held that it was clear that the driver of the offending Canter truck was at fault as stated by an eyewitness.
The accident occurred around 6.30 pm on July 11, 2017, when Anil Kumar was driving his car towards Bengaluru from Kanakapura. On reaching Thoppaganahalli, the Canter truck hit the car, and Kumar died on the spot.
His parents moved the Bengaluru accident claims tribunal, seeking Rs 50 lakh as compensation, claiming that the deceased worked as a driver and earned Rs 40,000 per month. However, on December 31, 2018, the tribunal awarded Rs 9.22 lakh, noting that Kumar also contributed to the accident by negligence.
In their appeal against this order, the parents argued that contributory negligence must be specifically pleaded by the defendant.
They also submitted that the tribunal’s recording that the eyewitness reached the spot after a crowd had gathered is misreading of evidence since the eyewitness clearly deposed regarding the negligence of the Canter driver.
Justice K Manmadha Rao noted that the elementary principle in deciding the contributory negligence is a specific pleading by the owner of the offending vehicle.
“The owner of the offending Canter has not appeared. The insurer, without any specific pleading and defence, has directly led the evidence of the driver of the truck,” the court said.
The court mentioned the eyewitness statement that the deceased was driving the car “very slowly, cautiously, by observing all traffic rules and regulations, and on the correct side road of Kanakapura-Bengaluru main road.
The eyewitness said the Canter driver, “because of the curve road was driving the vehicle to its extreme right side without observing any traffic rules and regulations, and in a rash negligent manner, and endangering to human life, dashed against the Swift car, which was on correct side of the road, and caused the accident,” the court said.
“It is crystal clear that the driver of the offending Canter was at fault. Hence, the finding of the tribunal regarding contributory negligence is incorrect. Hence, the entire negligence shifts upon the driver of the Canter,” Justice Rao said, reworking the amount by taking the deceased’s notional income as Rs 12,000 per month.