Bengaluru: Merely because the accident occurred while the two-wheeler was overtaking the bus, it cannot be held that the accident was due to the negligence of the rider of the two-wheeler, the high court observed while sustaining a tribunal’s finding in relation to the death of Hariharathmajam S.The deceased died in a road traffic accident on July 3, 2023, in Bengaluru city when a BMTC bus hit the scooter he was riding.His wife, minor son and parents moved the Motor Accident Claims Tribunal (MACT) seeking suitable compensation. According to them, he was earning Rs 25,000 per month by working as a delivery agent and by maintaining a laundry shop. BMTC argued that the accident occurred due to contributory negligence on the part of the deceased as he tried to overtake the bus.On Nov 13, 2024, the tribunal awarded Rs 36.4 lakh compensation with 6% interest. BMTC management challenged the verdict, while the family of the deceased also filed an appeal seeking higher compensation.After perusing the materials on record, a division bench, comprising Justices SG Pandit and KV Aravind, noted that as per the spot sketch of the accident and testimony of the driver, the accident occurred when the deceased attempted to overtake the bus from the right side, and the handle of the scooter came into contact with the centre portion of the bus. Consequently, the deceased fell on the road, sustained injuries, and succumbed to the same.As regards the issue of compensation, the division bench held that the family were entitled to a slightly lower compensation of Rs 34.3 lakh with interest at the rate of 6% per annum since the deceased was not in permanent employment, the addition towards future prospects should be 40%, and the tribunal committed an error in adding 50% towards future prospects.
