The main legal point established in the judgment is the assessment of compensation in motor accident cases, considering contributory negligence and the concept of 'future prospects' in the context of the injured party.

1. The above captioned first appeal arises out of impugned Award of 17th January, 2013, vide which the Motor Accident Claims Tribunal (henceforth referred to as ‘the Tribunal’) has awarded compensation of Rs.3,65,000/- (inclusive of interim award of Rs.50,000/-) with interest @ 9% p.a. to legal heirs of a Student-Vishal, aged 16 years, who had died in a vehicular accident which took place on 9th December, 2005.

2. In this unfortunate accident, another Student-Pawan aged 18 years, was grievously injured and the Tribunal vide separate Award of even date, i.e. 17th January, 2013, has granted compensation of Rs.7,40,450/- (inclusive of interim award of Rs.25,000/-) with interest @ 9% p.a. to him, which is under challenge in the above captioned second appeal.

3. Since these two appeals arise out of one vehicular accident, therefore, with the consent of learned counsel for the parties, these appeals have been heard together and are being decided by this common judgment.

4. In above captioned appeals, National Insurance Co. Ltd. (hereinafter referred to as ‘Insurer’) seeks modification of the impugned Award on the ground of contributory/composite negligence and seeks reduction in the quantum of compensation. It is pointed out by Insurer’s counsel that appellant is the Insurer of WagonR car involved in this accident and respondent-ICICI Lombard General Insurance Co. Ltd. is the Insurer of the Tractor involved in this accident.

5. The factual background of this case, as noticed in the impugned Award, is as under:-

“On the unfortunate day of 9.12.2005 the deceased with his cousin brother Pawan were going from their house to their fields in order to given tea to their grandfather who was working in the fields. At about 5.45 PM when the deceased and his cousin reached on Barwala Begumpur road, Delhi a collusion took place between the three vehicles i.e. Wagon R bearing No.DL 9CM 3227, Eicher Tractor and motorcycle bearing No.DL 8SW 3032 being driven by the deceased. As per the version of the injured Pawan, the accident took place due to the sole negligency of the driver of the Wagon R car as the said maruti Wagon R bearing No. DL 9CM 3227 came from behind being rashly and negligent driven by its driver hit the motorcycle and at the same time Tractor which was passing from opposite direction also hit. However, as per the police version the said accident was caused due to the negligence and rash driving of the driver of the said tractor. The deceased was taken to Braham Shakti Hospital, Delhi for treatment where he was declared brought dead while his cousin Pawan was admitted with serious injuries. An FIR no.515/05 was lodged with PS Bawana and a case U/s. 279/337/304A IPC was registered against respondent No.1”

6. To render the impugned Award, the Tribunal has relied upon evidence of Injured and legal heirs of deceased and other documentary evidence on record. The Tribunal has assessed the income of deceased as per the Second Schedule to the Motor Vehicles Act, 1988 and in case of Injured, his income has been assessed on minimum wages and has made addition of 30% towards ‘future prospects’. The Tribunal has also found Injured had suffered permanent disability of 65% in relation to right lower limb and the functional disability has been also assessed by the Tribunal at 65%. On the strength of evidence recorded, impugned Award has been rendered.

7. The breakup of compensation awarded by the Tribunal to legal heirs of deceased–Vishal is as under:-

8. The breakup of compensation awarded by the Tribunal to Injured-Pawan is as under:-