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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
MITALI THAKURIA
Bajaj Allianz General Insurance Company Limited – Appellant
Versus
Dhanalata Mech And Ors. W/o Late Indra Kanta Mech – Respondent
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 Basumatar
Contributory negligence must be proven with evidence; liability for a motor accident cannot be inferred from the mere fact of a head-on collision.
Point of Law : 14. Addition should be only 30°% if the age of the deceased was 40 to 50 years - There should be no addition, where the age of deceased is more than 50 years.
The judgment establishes the principle of contributory negligence in motor vehicle accidents, emphasizing the need to consider the actions of all parties involved in determining liability and compens....
The court clarified that negligence attributed to the deceased does not apply; full compensation under composite negligence can be claimed without reductions for contributory negligence, ensuring jus....
The claimant must establish negligence for a successful claim under Section 166 of the M.V. Act, and the Tribunal's reliance on insufficient evidence can lead to erroneous judgments.
Liability of insurance company and assessment of compensation under the Motor Vehicles Act 1988.
The insurer must produce the insurance policy to limit liability; failure to do so results in full liability for compensation.
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