Point of Law : Court deems it fit to hold that driver of the Super Bus being a larger vehicle was negligent to the extent of 80%, whereas driver of Maruti Car, i.e. deceased, was negligent to extent of 20%

JUDGMENT :

Feeling aggrieved and dissatisfied by the judgment & award dated 31.05.2013 passed by Motor Accident Claims Tribunal, Kamrup at Guwahati in MAC Case No.377/2007 (common judgment & award), the original claimant/appellant has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter after referred to as “1988 Act” for the sake of brevity).

2. The following facts emerge from the record of this appeal. The accident took place on 22.01.2006 near Borhola Bebejia at about 2:50 PM. It is the case of the appellant/claimant that the deceased Harendra Nath Saikia, who is the husband of the appellant/claimant, was driving his Maruti Car bearing registration No.AS-04/C-8900 and was coming from Amguri to Guwahati. It is the case of the appellant/claimant that when the Maruti Car reached the scene of occurrence, a Super Bus bearing registration No.AS-09/A-0515 being driven in rash and negligent manner came from the other side and dashed with the car driven by the husband of the appellant/ claimant, Harendra Nath Saikia, because of which he sustained grievous injuries. It is the case of the appellant/claimant that in the said accident, the claimant and his minor son, who were also travelling with the deceased, also sustained injuries. It is the case of the appellant/claimant that they were brought to Gauhati Medical College & Hospital for treatment, wherein after prolonged treatment, the husband of the appellant/claimant was declared to have died. Thereafter an FIR was lodged with the jurisdictional police station and the claim petition being MAC Case No.377/2007 was filed under Section 166 read with Section 140 of the 1988 Act for total compensation of Rs.33,70,000/-.

3. The oral as well as the documentary evidence was adduced before the Tribunal and the instant MACT case was heard along with other MACT cases arising out of the said accident and upon appreciation of the evidence on record, the Tribunal came to the conclusion that the drivers of both the vehicles involved in the accident, i.e. the driver of the Super Bus and the driver of the Maruti Car (husband of the appellant/claimant), were contributorily negligent to the extent of 50% and on the basis of the oral evidence of the claimant as well as his witness Ananta Kakoti and so also the documentary evidence in form of salary certificate at Exhibit-7, which shows that the deceased was working as a Principal of A.H.D. Higher Secondary School, Ambguri and was drawing salary of Rs.18,401/-per month. The Tribunal deducted Rs.1,000/-towards income tax of the deceased and determined the income of the deceased at Rs.17,000/-per month and applying the multiplier of 9 and after deducting one third towards personal expenses of the deceased, awarded a sum of Rs.12,24,000/-under the head of loss of dependency. Over and above the same, the Tribunal also awarded a sum of Rs.3,17,322/-towards medical expenses; Rs.5,000/-as funeral expenses; Rs.5,000/-under the head loss of estate and Rs.10,000/-as loss of consortium and thus while partly allowing the claim petition, determined the compensation at Rs.15,61,000/-and after deducting 50% towards negligence of the driver of the Maruti Car, awarded net compensation of Rs.7,80,500/-with 6% interest from the date of filing of the claim petition and also held that the insurer of the Super Bus, i.e. Oriental Insurance Company Limited would, be liable to the extent of 50% of the awarded amount in the claim petition of the appellant/ claimant. Being aggrieved by the same, the present appeal is filed by the appellant/claimant.

4. Heard Mr. A.R. Agarwala, learned counsel for the claimant. Also heard Mr. A. Dutta, learned counsel, appearing for the respondent No.3 and Ms. R.D. Mozumdar, learned counsel, appearing for the respondent No.4. Though served, none appears for the respondent Nos.1 & 2, i.e. the driver and owner of the