The assessment of future prospects in the computation of compensation should consider the age and income of the deceased.

SNEH PRASHAR, J.

1. Assailing the award dated 19.11.2013 passed by learned Motor Accident Claims Tribunal, Chandigarh (for short, "the Tribunal") in MACT Case No.12/179 of 2010 filed by the claimants (respondents No.1 and 2 herein), the appellant-insurer of the vehicle involved in the accident i.e. Tata-407, filed the instant appeal.

2. In the claim petition, the averments of the claimants were that on 26.11.2009 Mohd. Razak (since deceased) alongwith his brother Mohd. Azad were coming from Azad Market, Delhi by means of Tata-407 No.PB-06D-2214 (for short, "Tata-407") being driven by Manjit Singh. At about 5:10 a.m., when they reached near Tepla Bus Stand, their Tata-407 struck into a stationary truck bearing No.PB-12G-4645 (hereinafter referred to as "the offending truck") from the backside as it was parked on the wrong side of the road without any indication. As a result of accident, Mohd. Razak suffered serious injuries which led to his death.

3. Alleging that the accident occurred due to negligent parking of the offending truck, the claimants claimed compensation from the driver, owner and insurer of the offending truck, who were impleaded as respondents No.1 to 3 in the claim petition filed by them. The respondents contested the petition. On the rival contentions of the parties, issues were framed and both the parties were given opportunity to adduce evidence to discharge the onus of the respective issues on them. Considering the evidence brought on record and the submissions made by learned counsel for the parties, learned Tribunal partly allowed the petition with costs and awarded compensation to the tune of Rs. 9,89,800/- along with interest at the rate of 6% per annum to the claimants. All the three respondents were held jointly and severally liable for payment of the compensation amount.

4. Feeling aggrieved by the impugned award, the appellant insurer of the offending truck preferred the instant appeal.

5. The submissions made by Mr. Subhash Goyal, learned counsel for the appellant-insurance company and Mr. Nitish K. Vasudeva, learned counsel for respondents No.3 and 4 (owner and driver of the offending truck) have been heard and record perused.

6. Learned counsel for the appellant-insurance company raised two fold arguments. His initial stress was that it was a case of contributory negligence and learned Tribunal erred in holding the driver of the offending truck solely responsible for causing the accident. He contended that admittedly the offending truck was in stationary condition and it was Tata- 407, in which the deceased was travelling, which rammed into the offending truck from the backside. It was for the driver of Tata-407 to drive cautiously and in a moderate speed. The manner in which the accident took place proves that the driver of Tata-407 himself was rash because of which he was unable to notice existence of the stationary truck on the road and he struck into the same. When a vehicle is parked and another vehicle comes and collides with the same, it is the driver of the vehicle which hits into the stationary vehicle, who can be said to be responsible for the accident. To support his argument, learned counsel relied upon Raj Rani and others v. Oriental Insurance Co. Ltd. and others, 2009 ACJ 2003.

7. The other argument raised by learned counsel was that while assessing the monthly income of the deceased, learned Tribunal erred in adding 50% of the income towards future prospects which is in contravention to the law laid down in New India Assurance Company Ltd. v. Smt. Shanti Pathak and others 2007(3) RCR (Civil) 593.

8. The accident occurred on 26.11.2009 at 5:10 a.m. Needless to say that at that hour of the day in the end of the month of November in northern India, it is still quite dark. Mohd. Azad, brother of the deceased, who witnessed the accident, stepped into the witness box during evidence as CW1 and testified that the offending truck was parked on the wrong side of the road that too without