The assessment of negligence and compensation in motor vehicle accident cases should be based on the evidence on record and the impact of the accident on the claimant's personal and work life.

JUDGMENT :

GITA GOPI, J.

1. The appellant-Insurance Company has challenged the judgment and award dated 30.6.2017 passed by the learned 8th Additional District & Sessions Judge, Abd (Rural) at Mirzapur in MACP no. 1148 of 2004.

2. Learned advocate Mr. Palak Thakkar for the appellant submits that the learned Tribunal has failed to observe that the accident occurred between two motorcycles, which had resulted into head on collusion and therefore, negligence of 50% was required to be attributed to both the motorcyclists and thus, states that the insurance Company has challenged the negligence aspect. Mr. Thakkar submits that the learned Tribunal ought to have considered that there would not be any loss of income or actual loss of income since the claimant is a Government servant and in the cross-examination, the claimant had admitted that while serving as a Head Clerk at Sarv Vidhyalaya, Gandhinagar, he had not suffered any loss of income and during the time when he had stayed for 3 months at home, his income continued and further as per the evidence, there was continuous increase in his salary. Thus, Mr. Thakkar submits that the amount has been wrongly assessed under the head of future loss of income and actual loss of income.

3. Countering the same, Advocate Mr. Joshi submits that the learned Tribunal had failed to observe that the claimant had suffered 72% permanent partial disability and was serving as a Head Clerk and thus, submits that the amount under the head of loss of amenities of life has not been considered by the Tribunal. Mr. Joshi submits that for about 3 months, he could not attend his job and has suffered pain, shock and suffering. He was assisted by the attendants to deal with the day to day work, but the amount has not been granted under such heads.

4. As per the case of the applicant, on 26.5.2004, he was going on his motorcycle bearing registration no. GJ-18 L-1093 along with his wife to meet his brother who was residing at Vrundavan Park at Odhav. He went to Odhav from Gandhinagar via Naroda Odhav Nikol Road and at about 02.45 p.m. when they reached at public road in front of Sukan Bungalows at Nikol Road, one another motorcycle bearing registration no. GJ-1 DH- 9456 came from the front side in an excessive speed and negligent manner, endangering human life and dashed with the applicant’s motorcycle from the front right side, as a result of which, he sustained severe accidental injuries and his wife sustained serious injuries. As per the claimant, he was admitted in Pragna Ortho Hospital as an indoor patient, wherein operation performed on him on his right legs 2nd, 3rd, 4th and 5th fingers and in right legs thigh, rod was inserted and in his right hand finger beside little finger operation was performed and rod was inserted.

5. Insurance Company has challenged the negligence assessed at 80% of the driver of the motorcycle bearing registration no. GJ-1 DH-9456, while 20% of the claimant himself.

6. The learned Tribunal has, after taking into consideration the Panchnama produced on record, noted that the width of the road was sufficient enough for both the vehicles to pass easily even from the opposite direction. The learned Tribunal has observed that the drivers of both the vehicles have not kept reasonable distance, nor they tried to reduce the speed in order to avoid the road accident, but considering the material evidence on record, the Tribunal observed that the opponent vehicle could had taken extra care to avoid the accident so that the unfortunate accident could not have taken place.

7. As per the claimant, he was on a public road in front of Sukan bungalow at Nikol Road at about 02.45 p.m.. Thus, the accident which had occurred is in a day light. As per the cross-examination, the accident had occurred on mid road, but it has not come on record that the claimant was on the wrong side of the road. The clai