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Delhi High Court: “Absence of zebra crossing is not proof of contributory negligence” — Court reduces deduction to 10% – Functional disability is distinct from permanent disability; impact on earning capacity must be specifically proved.

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Court’s Decision

In an appeal, the Delhi High Court partly allowed the appeal filed against the MACT award dated 16.12.2020. Justice Amit Mahajan held that the Motor Accident Claims Tribunal had erred in deducting 25% of the awarded compensation on the ground of contributory negligence, and reduced the deduction to 10%. The Court also found that the Tribunal was wrong in not awarding 25% for future prospects in accordance with the law laid down in Pranay Sethi. The Court remanded the matter to the Tribunal for the limited purpose of re-computation of the compensation on these revised terms, while affirming all other findings of the Tribunal.


Facts

The appellant, a manual labourer employed as a Helper in a furniture showroom, was grievously injured in a road accident that occurred on 30.04.2018 while he was crossing the road. As a result of the accident, he sustained multiple injuries and was assessed with 33% permanent disability in relation to his right lower limb by a medical board.

He filed a claim before the MACT, which awarded him ₹5,21,091 with 9% interest from the date of filing the Detail Accident Report (07.09.2018) till realization. However, the Tribunal:

Aggrieved by this assessment, the appellant filed the present appeal under Section 173 of the Motor Vehicles Act, 1988.


Issues

  1. Whether the Tribunal erred in computing the appellant’s functional disability at 17% instead of 33%?
  2. Whether the deduction of 25% towards contributory negligence was justified?
  3. Whether the denial of 25% future prospects was against settled principles?

Petitioner’s Arguments

The appellant argued that:


Respondent’s Arguments

Respondent No.2 (the insurer) did not dispute the claim for future prospects during the appeal. However, before the Tribunal, it relied on the cross-examination of the appellant where he admitted that there was no zebra crossing at the site and that the red-light was far away. It argued that this implied contributory negligence on part of the appellant.


Analysis of the Law

On functional disability, the Court referred to Raj Kumar v. Ajay Kumar [(2011) 1 SCC 343], which held that in the absence of specific evidence to demonstrate how a physical disability affects earning capacity, the functional disability is not necessarily equivalent to the permanent disability percentage. This principle was reinforced in Rajender Singh v. Bajaj Allianz General Insurance Co. Ltd. [2024 SCC OnLine Del 8839], where 33% functional disability was upheld in a case of 66% permanent disability.

On contributory negligence, the Court held that mere absence of zebra crossing does not amount to contributory negligence. The site plan showed that the accident occurred on the extreme left side of the road, and the respondent had not led any evidence to rebut the presumption of negligence raised by the police chargesheet filed under Sections 279/337 IPC. The Tribunal’s approach of attributing 25% negligence to the appellant was, therefore, excessive.

On future prospects, the Court applied the settled law laid down in Pranay Sethi, holding that the appellant was entitled to 25% addition towards loss of future prospects even if income was computed based on minimum wages. The insurance company did not dispute this position.


Precedent Analysis


Court’s Reasoning


Conclusion

The High Court:

The rest of the Tribunal’s findings were not interfered with.


Implications

This judgment fortifies the principle that pedestrians are not presumed negligent merely for not crossing at zebra crossings. It also reinforces the claimant’s right to loss of future prospects, even when income is based on notional wages. The decision affirms that courts must carefully evaluate the totality of circumstances and not mechanically impose deductions without cogent proof. It is a reminder to insurers that the burden lies on them to establish contributory negligence, especially where a police chargesheet establishes fault against the driver.

Also Read: Gujarat High Court Quashes Detention of Alleged “Money Lending Offender”

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