The court upheld the principle of contributory negligence in motor accident claims, affirming that prior criminal acquittals do not influence civil compensation assessments.

JUDGMENT :

Rakesh Kainthla, J.

The present appeal is directed against the award dated 28.7.2012, passed by the learned Motor Accident Claims Tribunal, (Fast Track Court), Solan (hereinafter referred to as ‘MACT, Solan), vide which the appellant (petitioner before the learned MACT) was held entitled to Rs.98,252/- along with interest @9% per annum from the date of filing of the petition till deposit of the amount. (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).

2. Briefly stated, the facts giving rise to the present appeal are that the petitioner filed a claim petition before learned MACT seeking compensation of Rs.5,00,000/- for the injuries sustained by him in a motor vehicle accident involving the vehicles bearing registration no. HP-63-0862 and HP-14-1581. It was asserted that the petitioner was riding the scooter. Dinesh Kumar was sitting as a pillion rider. A truck bearing registration no. HP-63-0862 came from the opposite side and hit the scooter on the wrong side. The petitioner and the pillion rider sustained injuries. The driver of the truck ran away from the spot. Dinesh Kumar succumbed to his injuries in the hospital. The petitioner sustained multiple injuries in the accident and he remained admitted to the hospital. He remained confined to the bed for about one month including the time spent in the hospital. He spent more than Rs. 40,000/- on his treatment. An FIR No. 205 of 2004 was registered for the commission of offences punishable under Sections 279 and 304-A IPC against the petitioner; however, it was wrongly manipulated by the truck driver taking advantage of the absence of the petitioner. The accident was caused due to the negligence of the driver of the truck. Hence, the petition was filed to seek the compensation mentioned above.

3. The petition was opposed by respondents no.1 and 2 by filing a reply denying the contents of the claim petition. It was asserted that the petitioner and pillion rider were under the influence of liquor. The truck was on its correct side. The petitioner came to the wrong side and hit a stationary truck. The accident had taken place due to the negligence of the petitioner. There was no negligence of the truck driver. The FIR was recorded on the basis of the facts. In the alternative, it was asserted that the vehicle was duly insured with respondent no.3-Insurance Company and compensation, if any, has to be paid by the Insurance Company. Hence, it was prayed that Insurance Company be directed to pay the same.

4. A separate reply was filed by respondent no. 3-Insurer, denying the contract between respondent no. 3 and respondent no. 1 and taking preliminary objections regarding the driver not having a valid driving licence, vehicle not having a valid registration certificate, fitness certificate, route permit and other documents, respondent no.1 having no insurable interest in the vehicle, respondents no. 1 and 2 having violated the terms and conditions of the policy and the Motor Vehicles Act and the petitioner not having come to the Tribunal with clean hands. The contents of the petition were denied on merits. It was asserted that the accident occurred due to the negligence of the petitioner. The compensation sought is highly exaggerated, inflated, imaginary and without any basis. Hence, it was prayed that the petition be dismissed.

5. The following issues were framed by learned MACT on 6.5.2006:-

1. Whether the petitioner suffered injuries due to use of vehicle no. HP-63-862? OPP.

2. If Issue No.1 is proved, what amount the petitioner is entitled to by way of compensation and from whom? OPP.

3. Whether the petitioner sustained injuries due to his own negligence? OPR 1 & 2.

4. Whether respondent No.2 did not have a valid and effective driving licence? OPR-3.

5. Whether there did not exist a valid registration certificate, fitness certificate, route permit and other documents in respect of the vehicle at the t