The main legal point established in the judgment is the determination of contributory negligence and the calculation of compensation under the Motor Vehicles Act.

JUDGMENT :

This appeal has been filed by the claimant under Section 173 of the Motor Vehicles Act, 1988, challenging the award dated 17.03.2015 passed by the Presiding Officer, Motor Vehicle Accident Claim Tribunal, Hazaribagh in Claim Case No.09 of 2012. The appellant prays for enhancement.

2. Claimants claimed compensation on account of death of Md. Ismail. It is the case of the claimants that the deceased was a driver of Maruti Van bearing registration No. JH 01K 2591 and was earning Rs.4,000/-per month from the owner of the Maruti Omni Van, but due to accident he died at the spot. It is claimed that the deceased was aged about 37 years. The deceased has left behind his wife, three daughters and a son.

3. The Insurance Company and the owner with respect to the other vehicle involved in the accident, bearing registration No. HR 38K 3809, had appeared before the Tribunal and contested the case. It is their case that the claim case is not maintainable. It is their case that claimant has not made the owner of Maruti Van and its insurer as opposite party. The driver of the Maruti van was not a competent and experienced driver. He lost his life and others at his own fault as he was driving the van very rashly and negligently while he dashed with the other vehicle. The Insurance Company has pleaded that the driver, namely, Dinesh Singh, of offending vehicle bearing registration No. HR 38K 3809 had got no valid driving licence. The driving licence bearing No. 918/90/Prof/HAZ has been issued in the name of Md. Rahim S/o Md. Ibrahim of Chaibasa. The Insurance Company also pleaded that the Maruti van bearing registration No. JH 01K 2591 was carrying more passengers than its seating capacity. Thus, it is the case of the Insurance Company that Insurance Company is not liable to pay compensation amount. The owner of the offending vehicle bearing registration No. HR 38K 3809 has pleaded that his vehicle is insured with the Insurance Company.

4. On the basis of the pleadings of the parties, Tribunal framed six issues, which are as under: -

(i) Whether the claim case is maintainable in its present form?

(ii) Whether the claimants have got valid cause of action for this claim case?

(iii) Whether this is a case of contributory negligence?

(iv) Whether the dependents of the deceased, on account of death, are entitled to compensation?

(v) What should be the quantum of compensation by which the dependents can be adequately compensated?

(vi) Who is liable to pay compensation?

5. Two witnesses were examined on behalf of the claimants whereas the opposite parties have not examined any witness in support of their case. The claimants have brought the following documents on record in support of their claim:-

Ext. 1 Certified copy of FIR

Ext.2 Certified copy of Charge-sheet

Mark ‘X’ Copy of Insurance Policy

Mark ‘X/1’ Copy of Death certificate

Mark ‘X/2’ Copy of Post-mortem report.

Mark ‘X/3’ Original Birth Certificate

Mark ‘X/4’ Copy of Insurance Policy

Mark ‘Y’ Copy of Driving Licence

Mark ‘Y/1’ Copy of Driving Licence

Mark ‘Y/2’ Copy of Permit.

The Insurance Company brought on record Letter of D.T.O., Hazaribagh bearing letter No.9813 dated 11.12.2012 which was marked as Ext.A.

6. The Tribunal, after hearing the parties, came to a conclusion that the claimants are entitled to compensation on account of death of deceased Md. Ismail. While deciding Issue No.(iii), which is with regard to contributory negligence, the Tribunal came to a conclusion that the accident is a Head-on-Collision and both the drivers of Maruti Van and Truck were negligent at the time of accident. The Tribunal assessed the ratio of negligence in proportion of 40:60 with respect to Maruti Van and Truck. The Tribunal while deciding issue No.(V) regarding quantum of compensation, has come to a conclusion that the quantum of compensation by which the dependents can be adequately compensated by one of t