Shivanshu Singh

RAM MANOHAR LOHIA NATIONAL LAW UNIVERSITY

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TABLE OF

RESEARCH METHODOL

S.K. Dubey

Dipak Misra, JJ.

FACTS OF THE CASE:-

In the case, M.P.S.R.T. Corpn. v. Abdul Rahmanthere was an accident of a motor cyclist
carrying a grown up person and a child o

ithout any costs (no order as to costs).

Relating to contributory negligence on the part of a child of tender age there is no doubt
that the concept of contributory negligence cannot be made applicable to a child. A child
functions according to his own reasoning and his intelligence. Logicality and rationality
are not expected from a child as a child of tender age has no continuous thinking process
and is governed by his impulse, instinct and innocence.It was held that Riyaz, the child of
four, was not liable for contributory negligence.

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It was held that the apportionment of liability should not have been done by the Tribunal
and each of the tort-feasors should have been held jointly and severally liable(the
appellant as well as the owner of Motorcycle).

RATIO DECIDENDI

A child functions according to his own reasoning and his intelligence. Logicality and
rationality are not expected from a child as a child of tender age has no continuous
thinking process and is governed by his impulse, instinct and innocence therfore the
concept of contributory negligence cannot be made applicable to a child

In cases of composite negligence, liability cannot be apportioned, and the joint tort-
feasors are jointly and severally liable".

MOTOR VEHICLES ACT, 1988

168. Award of the Claims Tribunal. (1) On receipt of anapplication for compensation made
under section 166, the Claims Tribunalshall, after giving notice of the application to the insurer
and after giving theparties (including the insurer) an opportunity of being heard, hold an
inquiryinto the claim or, as the case may be, each of the claims and, subject to theprovisions of
section 162 may make an award determining the amount ofcompensation which appears to it to
be just and specifying the person orpersons to whom compensation shall be paid and in making
the award theClaims Tribunal shall specify the amount which shall be paid by the insurer
orowner or driver of the vehicle involved in the accident or by all or any ofthem, as the case may
be :
Provided that where such application makes a claim for compensationunder section 140 in
respect of the death or permanent disablement of anyperson, such claim and any other claim
(whether made in such application orotherwise) for compensation in respect of such death or
permanent disablementshall be disposed of in accordance with the provisions of Chapter X.
(2) The Claim Tribunal shall arrange to deliver copies of the awardto the parties concerned
expeditiously and in any case within a period offifteen days from the date of the award.

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(3) When an award is made under this section, the person who isrequired to pay any amount in
terms of such award shall, within thirty days ofthe date of announcing the award by the Claims
Tribunal, deposit the entireamount awarded in such manner as the Claims Tribunal may direct.
Corresponding Law. Section 168 corresponds to section 110-B of theMotor Vehicles Act,
1939.
Objects and Reasons. Clause 168 provides that the Claims Tribunalshall deliver the copies of
the award to the parties within fifteen days of theaward and that the person against whom the
award is made shall deposit theamount awarded within thirty days of announcement of the
award.

Compensation in case of accident due to composite negligence of drivers of two

vehicles-

Where a claim petition is filed by the injured or legal representatives of the deceased due to
injury arising out of use of motor vehicles due to the composite negligence of drivers of the two
vehicles the claimant can recover compensation from any one of the joint tort- feasors and the
just compensation to which he is entitled cannot be reduced for non-impleading of the other joint
tort- feasors.

CASES REFERRED:-

Gough v. Thorne, 1967 Acc CJ 183

Kerala State Road Transport Corporation, Trivendrum v. Mrs. Susamma Thomas

Manjula Devi Bhuta v. Manjusri Raha 1968 MPLJ 302

BIBLIOGRAPHY

Websites Referred:
www.jgenerator.com
www.economictimes.com
www.eastasiaforum.org
www.epw.in
www.merinews.com
www.indiankanoon.com
www.lawlex.org
www.lawcommissionofindia.nic.in

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www.indialawyers.wordpress.com

Newspapers referred
The Hindu
The Times of India
Economic Times

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