The court clarified the assessment of contributory negligence and determined the deceased's income for compensation calculation, enhancing the total compensation awarded to the claimants.

ORDER :

1. The present First Appeal, under Section 173 of Motor Vehicles Act, 1988, is preferred by the appellants – original claimants being aggrieved and dissatisfied with the judgment and award dated 02.03.2006 passed by the Motor Accident Claims Tribunal, Morvi in Motor Accident Claim Petition No.247 of 1992.

2. Brief facts of the case are as under:

2.1 The brief fact of the present appeal is such that on 10.09.1992, the deceased Abdul Kadar was riding taxi Car No.GJ-10-T-1724 from Morvi to Amran and when he reached near the place of accident, opponent No.1 came in Truck No.GQA-6240 in rash and negligent manner and dashed with the taxi car of the deceased and upon occurrence of the accident, deceased sustained fatal injuries and later on died.

3. Learned advocate Mr. Bhatt for the appellants - claimants has submitted that the Tribunal has committed an error in assessing 50% negligence of the deceased who was driver of taxi No.GJ-10-T-1724 in causing the road accident only on the ground that two vehicles are collided with each other on head on collision manner. He would further submit that learned Tribunal while assessing 50% negligence of deceased has failed to consider that other vehicle being truck which is heavy vehicle and the driver of which has to take more care and caution while driving the said vehicle and therefore, he submits to reassess the issue of negligence. Secondly, he would submit that learned Tribunal committed error in assessing the income of deceased at Rs.2,000/- despite evidence being produced on record to show that deceased was not only skilled driver of taxi, he was supervising the agricultural fields and evidence of which is produced at Exhibit 52 to 54. Moreover, he was also managing paratha house constructed on land of gram panchayat an purchased the same (Exhibit-56 and 57). He would submit that these evidence clearly suggests that deceased was earning more than Rs.5,000/- per month. He has submitted that amount of award is on lower side as the Tribunal has not properly considered the various aspects; like prospective income of the deceased, negligence, liability and family circumstances, etc. He has submitted that the compensation is required to be enhanced by modifying the award impugned accordingly and this appeal may be allowed.

4. Per contra, learned advocate Mr. Gada for respondent – Insurance Company has submitted that the impugned judgment and award passed by the Tribunal is just and proper. He would submit that there is no actual evidence on record to prove income of the deceased and therefore, the Tribunal has rightly considered the income of the deceased at Rs.2000/-. Secondly, he would submit that learned Tribunal has not committed any error in assessing 50% negligence of the deceased in causing road accident as accident took place in head on collision manner between taxi car and truck and both drivers lost their lives on the spot which shows the impact of the accident. Looking to this, learned Tribunal has rightly assessed that drivers of both vehicles are equally negligent in causing the road accident. Upon above submissions, he submitted that this appeal may be dismissed and no interference be made by this Court.

5. Apt to note that the Motor Vehicle Act, 1988 is a beneficial piece of Legislation. The concept of just and fair compensation is integral and seminal to the MV Act. The compensation to be awarded under the principle of just and fair compensation to the injured of the road accident or the legal representative/s of the deceased person is based on the principle of fairness, reasonableness and equability. Anguish of the heart or for mental turbulence being consequential result of the road accident cannot be actually compensated, but the quint essentiality lies in adopting holistic and pragmatic view to the computation of the compensation for the loss sustained, which is to be in the realm of realistic approximation. Although exact or perfect arithmetical calculation of compensati