JIJU KURUVILA & ORS. versus KUNJUJAMMA MOHAN & ORS

Citation: [2013] 7 S.C.R. 276 · Decided: 02-07-2013 · Supreme Court of India · Bench: G.S. SINGHVI · Disposal: Disposed off

Cited by 1 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

A 
B 
c 
[2013] 7 S.C.R. 276 
JIJU KURUVILA & ORS. 
v. 
KUNJUJAMMA MOHAN & ORS. 
(Civil Appeal Nos. 4945-4946 of 2013) 
JULY 02, 2013 
[G.S. SINGHVI AND SUDHANSU JYOTI 
MUKHOPADHAYA, JJ.] 
MOTOR VEHICLES ACT, 1988: 
s. 166 -
Fatal accident -- Compensation - Deceased 
employed in US - Date for fixing the rate of exchange -
Deduction towards personal expenses - Held: If the claimant 
files petition claiming compensation in Indian Rupees(INR), 
0 
then date of filing of claim petition is the proper date for fixing 
the rate of exchange at which foreign currency amount has 
to be converled into currency of the country (INR) -- Deceased 
aged 45 years, multiplier of 14 applicable - At the time of 
death, there being four dependents, 114th of total income to 
be deducted towards personal expenses - Amount of 
E compensation payable to claimants will thus, be 
Rs.54,49,500/-, besides Rs.2,00,0001- as loss of love and 
affection to two children and Rs.1,00,000/- towards loss of 
consorlium to the wife, with 12% interest. 
F 
s. 166 - Fatal accident - Comp~ds~t(on ~ Propfiety of · 
Tribunal and High Court apportioning corJtributory negligence 
at 75:25 and 50:50 respectively and avfarding cqmpensation 
accordingly - Held: The eviden'ce;of eye~witness,:f!fe FIR and 
the charge-sheet against the driver of offending vehicle, 
G established that he caused the death due to negligent driving 
-- Therefore, Tribunal and High Court erred iri concluding that 
the accident occurred due to the negligence. d.n the part of the 
deceased as well. 
H 
276 
JIJU KURUVILA & ORS. v. KUNJUJAMMA MOHAN & 277 
ORS. 
The father of appellant no. 1, while driving a car, met 
A 
with an accident as a bus coming from the opposite 
direction hit his car resulting in his death. At that time 
he was aged about 45 years and was employed in US at 
a monthly salary of 2500 US Dollar. The wife of deceased, 
his two minor children and his mother joined as 
B 
claimants in the petition filed before the Motor Accident 
Claims Tribunal in April 1990, claiming a total 
compensation of Rs.57,25,000/. The mother of the 
deceased died during pendency of the claim petition. 
The Tribunal assessed the compensation at Rs.18,38,500/ c 
-, apportioned the liability for the accident in the ratio of 
75.25, between the driver of the bus and the deceased 
and deducting 25% towards contributory negligence, 
awarded a sum of Rs.13,80,625/-. The High Court 
assessed total compensation at Rs.47 ,09,500/- but 0 
apportioned the contributory negligence @50:50 and 
accordingly awarded Rs.23,45,750/-. 
In the instant appeals filed by the claimants and the 
insurance company, the questions for consideration 
before the Court were: (i) "Whether the foreign currency 
E 
amount has to be converted into the currency of the 
country on the basis of exchange rate as on the date of 
filing claim petition (April, 1990) or as on the date of 
determination (May, 1993)"; (ii) Whether there was any 
. contributory ne~ljgence on the part of the deceased; and 
F 
· (iii) Wh~ther eomp~~sation awarded was just and proper. 
. 
' .
.. ·:, .. , 
. Disposing of the appeals, the Court 
HELD~·'L ~n. the \~sta~l· ~ase, the claimants filed the 
petition in April 1990 and ciaimed compensation in INR. 
G 
Such compensation was not claimed in U.S. Dollars. 
Therefore, in view of the facts and the decision of this 
., Court in Forasors case,' the date of filing of the claim 
petition (April, 1990) is the proper date for fixing the rate 
of exchange at which foreign currency amount has to be 
H 
I
278 
SUPREME COURT REPORTS 
[2013) 7 S.C.R. 
A converted into currency of the country (INR). The Tribunal 
and the High Court have rightly fixed the rate of exchange 
as Rs.17.30 per US Dollar (as was prevailing in April, 
1990). [Para 16) [288-E-G] 
8 
Forasol v. Oil and Natural Gas Commission 1984 SCR 
526=1984 (Suppl.) SCC 263; Renusagar Power Co. Ltd. v. 
General Electric Co. 1993 (3) Suppl. SCR 22 = 1994 Suppl 
(1) sec 644 - relied on. 
2.1 As regards the contributory negligence, there is 
C no evidence on record to suggest any negligence on the 
part of the deceased. The owner of the bus and its 
driver, who were the first and the third respondents 
before the Tribunal and High Court, did not deny the 
allegation that the accident occurred due to rash and 
D negligent driving. on the part of the bus driver. The 
evidence of PW-3, an independent eye witness 
accompanying the deceased, the FIR registered ulss. 
279

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