Compensation claims remain valid despite the victim's alleged contributory negligence if the victim is deceased, and the public interest in ensuring valid insurance for vehicles is paramount.

JUDGMENT :

Biswaroop Chowdhury, J.

1.The appellant before this court was an opposite party in a claim case under section 166 of the Motor Vehicles Act 1988 and is aggrieved by the Judgment and Award dated 22-05-2024 passed by the Learned Additional District Judge 3rd court Tamluk Purba Medinipur in MAC Case No 76 of 2021.

2. The case of the claimants/ Respondents 1 to 4 before Learned Trial Court may be summed up thus:

3. On 27-12-2020 at about 1:25 am (night) the victim Ganesh Das and Subrata Jana were coming from Nimtouri side and proceeding towards Nanda Kumar Side through the left side of NH 41 by motor cycle WB-30Z/7173. The rider of the said motor cycle very slowly and cautiously proceeding through extreme left side of the road.

4. When the said motor cycle reached near Bakhrabad bus stoppage at that time the offending vehicle truck which was coming from Nimtouri side and proceeding towards Nanda Kumar Side was proceeding at excessive speed with zigzag manner. At that place of occurrence the said offending truck WB- 45/5579 all on a sudden without raising any alarm rashly overtook the said motor cycle and stopped on the front of side motor cycle to disturb the free flow of the motor cycle, and for that having no other alternative the said motor cycle was bound to dash the back side of the said offending truck and there was a great jerk and both Ganesh Das and Subrata Jana were thrown away on the road from said motor cycle and sustained grievous injuries. The victim died on the spot due to the accidental injuries. Post mortem of Ganesh Das was held at Purba Medinipur District Hospital at Tamluk by MO of the Hospital.

5. The said accident took place only due to rash and negligent driving of the driver of offending vehicle WB-45/5579 (truck), who was driving the said vehicle endangering human life and safety and violating traffic road rules. The driver of the said vehicle was only responsible for the said accident. The offending truck WB-45/5579 was proceeding with very excessive speed, recklessly and zigzag direction and overtaking the said motorcycle and not showing any signal of overtaking.

6. The deceased was healthy young man with active habits and he used to earn Rs 15,000/- per month from his said occupation. There was every chance to prosper in future if he was alive. He was the only earning member of his family. All the claimants were dependent on him.

7. The appellant contested the case by filing written statement. ISSUES were framed and evidence was adduced by the claimants/ respondent no 1 to 4. The Learned Trial Court upon considering the evidence and hearing the parties was pleased to dispose the claim case by observing and directing as follows:

8. ‘Hence it is ORDERED that the instant MAC Case be and the same is allowed on contest against the O.P. No 2/New India Assurance Co Ltd and ex- parte against OP No 1/Mr Mobarak Khan owner of the offending Truck Bearing registration WB-45/5579 (Truck) but without any order as to costs.

9. The petitioners do get an award of Rs 11,41,000/- ( Rupees Eleven lakh forty one thousand only) along with interest @ 6% p.a from the filing of the instant claim application till the payment by the O.P No-2/New India Assurance Co Ltd.

10. The O.P.No-2/ Insurance Company is directed to pay the awarded amount with interest by issuing four (04) A/C Payee Cheques in the name of the petitioners, in the manner herein below:

11. Cheque amounting to Rs 3,91,000/- [ Rs 3,51,000/- + Rs 40,000/- (towards consortium) in the name of the claimant/ petitioner no 1 Sabita Das alongwith interest as ordered. Cheque amounting to Rs 2,50,000/- in the name of claimant/ petitioner no 2 Swapna Das(minor) along with interest as ordered. Cheque amounting to Rs 2, 50,000/- in the name of claimant/ petitioner no 3 Namita Das along with interest as ordered. Cheque amounting to Rs 2,50,000/- in the name of claimant/petitioner no 4 Gobinda Das alongwith interest as ordered.

12. Claimant/ Petitioner no 1 Sabita Das being the mo