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SUBHENDU SAMANTA
National Insurance Co. Ltd. – Appellant
Versus
Ganga Mallik – Respondent
JUDGMENT :
Subhendu Samanta, J.
1. The instant appeal has been preferred against the judgment and award dated 20nd of March, 2021 passed by the Learned Judge Motor Accident Claims Tribunal ADJ 3rd Court Dakshin Dinajpur, in MAC Case No. 139 of 2017.
2. The Insurance Company has preferred the instant appeal against the award.
The brief fact of the case is that on 7th October 2017 at about 21:00 hours the victim of this case namely Sushanta Mallick was returning from Patiram by travelling a Maruti Car being No. WB 66Y/2625. When the Maruti was proceeding over high way, at the place of occurrence, a Track bearing No. WB 65/1998 was parked over the road without any parking light or indicator; at the last moment the driver of the Maruti Car saw the stationary track and tried to swerved his vehicle on the right side but the left side of the car strucked against the standing track thereby left front side of the Maruti Car was badly damaged and the victim who was sitting at the left front side of the Maruti Car, sustained severe injuries and succumbed to his injuries on spot.
3. The widow, two minor children and the mother of the deceased filed an application u/s 166 of MV Act before the Learne
The court established that contributory negligence must be proven with clear evidence, and improper parking of a vehicle can constitute negligence under the MV Act.
The absence of warning signals while parking a vehicle constitutes sole negligence, making the vehicle owner fully liable for resultant accidents, with no contributory negligence from the victim.
Fatal accident – Contributory negligence on part of driver of vehicle involved in accident cannot be vicariously attached to passengers so as to reduce compensation awarded to passengers or their leg....
The main legal point established in the judgment is the proper attribution of contributory negligence and the computation of just and reasonable compensation.
Both the deceased and the truck owner exhibited negligence, leading to a 75:25 liability split for compensation in a vehicular accident case.
Point of Law : Motor Accident - tort-feasor – Evidence which was recorded immediately after the accident, cannot be over looked and give way to the ocular evidence of the person, whose presence at th....
The judgment clarified the legal principles distinguishing contributory negligence from composite negligence, establishing that in accidents involving multiple vehicles, liability should be apportion....
The court established that contributory negligence can significantly affect compensation in motor accident claims, particularly when claimants fail to take reasonable care.
Point of Law : where the place was dark and where the vehicle was parked without any sign or indication to warn other Road users, the negligence is on the driver of the parked vehicle and not the dri....
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