Negligence in vehicular accidents requires clear evidence linking fault to the driver; contributory negligence must be proved to reduce liability.

JUDGMENT :

NEERAJ P. DHOTE, J.

1. This is an Appeal fled under Section 173 of the Motor Vehicles Act, 1988 [hereinafter referred to as the ‘M. V. Act’] by the Appellant – Insurance Company against the Judgment and Award dated 03/09/2019, passed by the Motor Accident Claims Tribunal, Ahmednagar, [hereinafter referred to as the ‘learned Tribunal’], in Motor Accident Claim Petition [hereinafter referred to as the ‘Claim Petition’] No.465/2017, awarding the compensation to the tune of Rs.47,95,724/- [Rupees Forty Seven Lakhs Ninety Five Thousand Seven Hundred Twenty Four Only] against the Appellant - Insurance Company and the owner of offending vehicle, who is arraigned as Respondent No.5 in the Appeal, along with interest @ 7% per annum from the date of Claim Petition till realization of the amount.

2. The facts, in brief, giving rise to the present Appeal are as under :-

[I] Respondent Nos.1 to 4 [hereinafter referred to as the ‘Original Claimants’] fled the above referred Claim Petition before the learned Tribunal under Section 166 of the M. V. Act contending that, Sagar Jawaharlal Katariya [hereinafter referred to as the ‘Deceased’], who was aged 35 years and was the father of Respondent Nos.1 and 2 and the son of Respondent Nos.3 and 4 and doing the business of whole sale medicines in the name and style ‘Katariya Agencies’, met with an accidental death when he was travelling in a Car bearing No. MH-16-AT- 7843 with his wife on 20/06/2017. When he was driving the Car and they reached near Gaimukhwadi Corner on Nagar - Kalyan Highway, one Innova Car bearing No. MH-05-CH-6001 [hereinafter referred to as ‘the offending vehicle’], which was coming from the opposite direction in a rash and negligent manner, gave dash to their Car resulting in a fatal accident.

[II] The said accident was reported to the Otur Police Station and Crime bearing No.102/2017 came to be registered against the Driver of the offending vehicle for the offences punishable under Sections 304- A, 279, 337, 338 and 427 of the Indian Penal Code, 1860 [hereinafter referred to as ‘ IPC ’] and Section 184 of the M. V. Act. The necessary investigation was done by the Investigating Officer.

[III] At the time of said accident, the offending vehicle was insured with the Appellant – Insurance Company and registered in the name of Respondent No.5. On the basis of monthly income and the age of Deceased, the Claimants claimed the compensation of Rs.64,10,000/- with interest @ 18% per annum, from the date of accident till the Award.

[IV] The Claim Petition was contested and opposed by the Appellant - Insurance Company by fling the Written Statement below Exhibit – 14. The case of Claimants was denied. It was pleaded that, there was no eyewitness to the accident, the accident occurred due to the negligence of the Deceased, who came on the wrong side of the road and contributed 75% in the accident. The monthly income of the Deceased was denied. It was further pleaded that, the Claim Petition be dismissed.

[V] As the vehicle owner failed to contest the Claim Petition, the order to proceed ex-parte against him came to be passed by the learned Tribunal.

[VI] The learned Tribunal framed the necessary issues below Exhibit – 16. The Original Claimant – Jawaharlal Asraj Katariya examined himself by fling the Evidence Affidavit below Exhibit – 19 and he was cross- examined on behalf of the Insurance Company. In his evidence, the Police Papers, copy of death certificate of the Deceased and other relevant documents were brought on record. The Insurance Company examined the Driver of the offending vehicle - Pravin Bhag