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Rajo Devi & Anr. Etc. v. Manjeet Kaur & Ors.

Civil Appeal · 2025 INSC 741Decided 19 May 2025
Civil Appeal Nos. 7001-007002 of 2025 (arising out of SLP (C) Nos. 993-994 of 2024)
Mrs. Justice B.V. Nagarathna · Justice Prasanna B. Varale

Background

On 26 July 2009, a young man named Gautam was riding a newly purchased motorcycle with his brother-in-law Harpal Singh riding pillion when they were involved in a fatal accident; both died. Their dependants (the appellants, including Gautam's mother Rajo Devi) filed claims before the Motor Accident Claims Tribunal (MACT), Kaithal, which awarded compensation but reduced it by applying the principle of contributory negligence. The Punjab and Haryana High Court partly upheld this reduction, prompting the dependants to appeal to the Supreme Court.

Decision Breakdown

The Supreme Court revisited the finding of contributory negligence and concluded that the deduction applied by the lower courts was not justified on the facts, and set aside the 50% reduction that had been made on that ground. It enhanced the compensation for both deceased persons by adding back the amounts that had been deducted for contributory negligence - restoring the compensation for Gautam to Rs. 9,84,000 and for Harpal to Rs. 12,62,400, both carrying 9% annual interest as previously awarded, with the balance to be deposited with the MACT within six weeks.

Lesson Learnt

Compensation awarded to accident victims' families should not be casually reduced for "contributory negligence" without solid evidentiary basis; claimants who believe such a deduction was unjustified can and should challenge it up to the Supreme Court.

Official source (sci.gov.in)View Judgment (PDF)

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