The judgment established the principle of contributory negligence in motor vehicle accidents, considering violations of the Motor Vehicle Act, 1988, and apportioning compensation accordingly.

JUDGMENT :

Michael Zothankhuma, J.

Heard Mr. S.K Goswami, learned counsel for the appellant Insurance Company. Also heard Mr. A.T. Sarkar, learned counsel for the respondent Nos. 1 to 4/claimants as well as Mr. K.K Bhatta, learned counsel for the respondent No. 7, which is the Insurance Company which insured the motorcycle.

2. The appellant has challenged the impugned Judgment dated 30.08.2016, passed by the MACT No. 1, Kamrup, Guwahati in MAC Case No. 1446/2014, by which the appellant has been directed to pay the compensation amount of Rs. 37,76,300/- to the respondents/claimants with interest @ 6% per annum from the date of filing the claim petition till final payment.

3. The brief facts of the case is that the deceased, who is the owner of the motorcycle bearing registration No. AS-19/F-8284 was driving his motorcycle and carrying 2 adult pillion riders along National Highway 31 on 01.05.2014. The motorcycle had a head-on collision with a Bolero bearing registration No. AS-01/DC-8562, which was coming from the opposite direction. The driver of the motorcycle died in the accident and accordingly, a claim petition was preferred by the respondent claimants. The learned Tribunal came to a finding that the accident had occurred due to the rash and negligent driving of the driver of the Bolero and awarded the compensation amount of Rs. 37,76,300/-, along with interest @ 6% per annum, from the date of filing the claim petition till final payment.

4. The learned counsel for the appellant submits that the accident involved a head-on collision between the motorcycle and the Bolero in the middle of National Highway 31. Further, the motorcycle carried 3 (three) adult persons. He accordingly submits that the above facts clearly show that there was contributory negligence on the part of the driver of the motorcycle also, as the Motor Vehicle Act, 1988 (MV Act, 1988 in short) does not allow three adult persons to ride a motorcycle. As such, the onus of paying the entire compensation amount could not have been fastened upon the appellant alone, and the liability of the Insurer of the motorcycle, i.e., the respondent No. 7 cannot be wished away, as the motorcycle had been insured with the respondent No. 7.

5. The learned counsel for the appellant also submits that the learned Tribunal committed an error in awarding interest on the future prospects, as the same should not have been awarded, in view of the fact that no future income is given in normal circumstances. The third ground of challenge taken by the appellant is that the learned Tribunal had awarded Rs. 25,000/- for funeral expenses, Rs. 50,000/- for loss of love and affection and Rs. 5,000/- for loss of estate, which was not in consonance with the judgment of the Apex Court in the case of National Insurance Co. Ltd v. Pranay Sethi & Others, (2017) 16 SCC 680.

6. The appellant s counsel also submits that out of the compensation of Rs. 37,76,300/- awarded by the learned Tribunal, Rs. 25 lakhs has already been deposited by the appellant with the Registry of this Court and the same has been released to the respondents/claimants.

7. Mr. A.T Sarkar, learned counsel for the respondent Nos. 1 to 4/claimants submits that the evidence adduced by the witnesses clearly shows that the Bolero was being driven at a fast speed and in a rash and negligent manner. He submits that there was no rash and negligent act on the part of the driver of the motorcycle and as such, no liability can be fastened upon the driver of the motorcycle.

8. I have heard the learned counsels for the parties.

9. The Apex Court in the case of Bijoy Kumar Dugar vs. Bidya Dhar Dutta & Ors, (2006) 3 SCC 242 has held at para 12 as follows:-

12. Adverting to the next contention of the claimants, no doubt the High Court has not dealt with the point in issue. However, we have noticed the reasoning and finding of the MACT recorded under I