Contributory negligence must be proven with evidence; liability for a motor accident cannot be inferred from the mere fact of a head-on collision.

JUDGMENT & ORDER :

MITALI THAKURIA, J.

Heard Mr. P. Hazarika, learned counsel for the appellants in both the appeals and Mr. A. K. Gupta, learned counsel for the respondent Nos. 1 and 2 in MAC APP No. 180/2019 and for the respondent Nos. 1 to 5 in MAC APP No. 10/2019 as well as Ms. R. D. Mozumdar, learned counsel for the respondent No.3 in MAC APP No. 180/2019 as well as for the respondent No. 6 in MAC APP No. 10/2019.

2. Both the applications filed under Section 173 of the M.V. Act, against the common judgment and award dated 30.07.2018, passed by the Court of learned Additional District Judge, Dibrugarh in MACT Case No. 38/2010 and MACT Case No.39/2010.

3. The brief facts of the case is that the respondent/claimants Nos. 1 and 2 as claimants filed an application being MAC Case No. 39/2010 under Section 166 of the MV Act before the Court of learned Member, MACT, Dibrugarh claiming compensation for the death of her husband/father, namely, Indra Kanta Mech in a motor accident. The claimant/respondent Nos. 1 to 5 of the connected MAC App No. 10/2019 also filed an application being MAC Case No. 38/2010 claiming compensation for the death of her son/husband/father, namely, Ramesh Basumatary in a motor accident.

4. On 02.03.2010, the deceased Indra Kanta Mech and 3 others were returning from Demow under Sivasagar District to Duliajan by a Maruti Alto Car bearing Registration No. AS-23/F-2496 and when they reached Jollom under Moranhat Police Station at about 05:30 pm the said car met with an accident with a TATA Winger bearing Registration No.AS-03-AC-0388, which was coming from the opposite direction. In the said accident, the owner/driver of the Maruti Alto Car, namely, Ramesh Basumatary and one occupant, namely, Indra Kanta Mech died. In the said accident the occupant Indra Kanta Mech died on the spot and the owner/driver of the Maruti Alto Car died on his way to Sivasagar Civil Hospital.

5. The owner/driver of the TATA Winger vehicle also lodged an FIR before the Moranhat Police Station, which was accordingly, registered and investigated by Moranhat Police and it was registered under Section 279/337/338/427 IPC. However, it is the case of the claimants that due to rash and negligent driving of the offending vehicle bearing Registration No.AS-03-AC-0388, TATA Winger, is responsible for the accident, as it hit the other vehicle coming from the opposite direction in a rash and negligent manner.

6. The claimants accordingly impleaded the owner/driver as well as the insurer of the offending vehicle TATA Winger and also impleaded the insurer of the Maruti Alto Vehicle as opposite parties in the said claim petitions. The legal heirs of the deceased owner/driver of the Maruti Car bearing Registration No. AS-23/F-2496 were also arrayed as a proforma opposite parties for the said claim petition.

7. On receipt of the notices all the opposite parties appeared before the Court of learned Member, MACT and the owner/driver of the TATA Winger as well as the insurer of both TATA Winger and Maruti Alto Car also contested their case by filing their Written Statements.

8. The legal heirs of the other deceased Ramesh Basumatary also filed their claim petition which is also registered as MAC Case No. 38/2010 before the learned Member, MACT, Dibrugarh and the claim petition filed by the legal heirs of the deceased Indra Kanta Mech was registered as MAC Case No. 39/2010 before the same Court at Dibrugarh.

9. After recording the evidences of the witnesses and also the witnesses of CWs as well as 2 DWs, the learned Member MACT had passed the common impugned judgment and award dated 30.07.2018