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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
DEVASHIS BARUAH
New India Assurance Company Limited – Appellant
Versus
Bithika Bairagi @ Pranjita W/o Shri Bhaskar Bairagi – Respondent
| Table of Content |
|---|
| 1. compensation awarded to claimant. (Para 3) |
| 2. tribunal imposed liability on the insurer. (Para 4) |
| 3. head on collision does not imply fault. (Para 5 , 6 , 7) |
| 4. court orders deposit of compensation amount. (Para 8 , 9) |
JUDGMENT :
DEVASHIS BARUAH
1. Heard Mr. S.P. Sharma, the learned counsel appearing on behalf of the appellant Insurance Company.
2. The instant appeal is taken up at the stage of Order XLI Rule 11 of the Code of Civil Procedure, 1908 (for short ‘the Act of 1908’) for deciding as to whether the present appeal can be proceeded with.
3. This is an appeal filed under Section 173 of the MOTOR VEHICLES ACT , 1988 (for short ‘the Act of 1988’) challenging the judgment and award dated 10.03.2023 passed by the learned Member, Motor Accident Claims Tribunal, Golaghat in MAC Case No.126/2017 wherein an amount of Rs.1,10,904/- along with interest @ 9% per annum have been awarded from the date of filing of the claim petition i.e. from 08.09.2017 till its realization.
4. The ground of objection which has been taken in the instant appeal is that the learned Tribunal had saddled the entire liability upon the appellant Insurance Company when the present case pertains to a
In cases of head-on collisions, contributory negligence cannot be presumed without evidence indicating fault on the part of another vehicle; liability may solely rest on the negligent driver.
The absence of contributory negligence was established, allowing an increase in compensation based on determined income, multipliers, and future prospects as guided by case law.
Contributory negligence cannot be presumed from a head-on collision without supporting evidence; liability was assigned solely to the truck's insurer.
A head-on collision does not imply contributory negligence without supporting evidence; the deceased's personal insurance coverage was found inapplicable since he was not an employed driver.
The principle of contributory negligence was applied, holding both the motorcycle rider and the car driver equally responsible for the accident, leading to the joint and several liability of the insu....
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