The insurer of the vehicle held vicariously liable for the rash and negligent act of the driver under Section 166 of the Motor Vehicles Act, 1988.

JUDGMENT :

Michael Zothankhuma, J.

Heard Mr. A. Dutta, learned counsel for the appellant/Oriental Insurance Company Ltd., the insurer of Mahindra Maxima Pick-Up bearing Registration No. AS-02E-6288. Also heard Mr. B.K. Purkayastha, the learned counsel for the respondent No. 4/National Insurance Company Ltd., the insurer of Indica Car bearing registration No. AS-01U/7433. Mr. S. Rahman, the learned counsel appears for the respondent No. 1/claimant in all the three cases. Mr. A.I. Uddin, appears for the respondent Nos. 2 and 3, who are the owner and driver of the Mahindra Maxima Pick-Up respectively.

2. All the three appeals are being decided by this common judgment and order in view of the fact that the issue involved is the same and as it arises out of the same accident.

3. The facts in brief is that when three college going girls/claimants were walking along, by the side of the road, on 07.05.2013 at around 8:00 a.m., a Indica car hit a Mahindra Maxima Pick-Up from behind, due to which the Mahindra Maxima Pick-Up swerved to the left and hit them. As a result of the above, the three claimants sustained injuries. Thereafter, three claim petitions were filed in the MACT Hojai, which were registered as (1) MAC Case No. 543/2013 (which is related to MAC Appeal No. 635/2017), (2) MAC Case No. 544/2013 (which is related to MAC Appeal No. 636/2017) and (3) MAC Case No. 540/2013 (which is related to MAC Appeal No. 637/2017).

4. The learned Tribunal thereafter, disposed of all the above cases vide judgments dated 17.11.2015 by awarding different compensation amounts, based on the medical expenses incurred by the claimants, pain and suffering and non-pecuniary loss. Rs. 69,300/- was awarded in MAC Case No. 543/2013. Rs. 60,000/- was awarded in MAC Case No. 544/2013 and Rs. 3,21,000/- was awarded in MAC Case No. 540/2013. The amount awarded in MAC Case No. 540/2013 also included transportation cost and permanent disablement. All the awarded amounts carried interest of 6 % from the date of filing the claim petition.

5. The learned Tribunal fastened the liability for payment of all the compensation amounts solely on the appellant, who is the Insurer for the Mahindra Maxima Pick-UP. Thus, the appellant has filed the above three appeals against the judgments dated 17.11.2015 passed by the MACT, Hojai in MAC Case No. 543/2013,544/2013 and 540/2013.

6. The counsel for the appellant submits that a perusal of the evidence adduced and the findings of the learned Tribunal would go to show, that the accident had occurred due to the rash and negligent act on the part of the driver of the Indica Car and accordingly, the onus of paying all the compensation amounts should have been fastened upon the owner and driver of the Indica Car, thereby making the respondent No. 4 liable, as the respondent No. 4 was the insurer of the Indica car.

7. Mr. B.K. Purkayastha, learned counsel for respondent No. 4, i.e., National Insurance Company Ltd. submits that the driver of the Mahindra Maxima Pick-Up was at fault, as the Mahindra Maxima Pick-Up had hit the girls while they were walking. He submits that even though the Indica Car had hit the Mahindra Maxima Pick-Up from behind, the driver of the Mahindra Maxima Pick-Up had a duty to control his vehicle, which he did not do. Instead of going straight, the Mahindra Maxima Pick-Up swerved to the left and hit the three girls, who were walking by the side of the road. He also submits that there is no infirmity with the judgment of the learned Tribunal and even if some liability is fixed upon the owner and driver of the Indica Car, the said liability should not go beyond 50 % of the compensation amounts awarded.

8. I have heard the counsels for the parties. The facts of the case in brief is that, while the three girls/claimants were walking along the side of the road, the Indica Car had hit the Mahindra Maxima Pick-Up from behind. The Mahindra Maxima Pick-Up thereafter hit the girls due to which they suffered injuries.

9. All the