The main legal point established in the judgment is the application of negligence and contributory negligence principles, duty to exercise care, and statutory regulations for driving motor vehicles as per the Motor Vehicle Act, 1988, in determining compensation and interest rate in motor accident claim petitions.

JUDGMENT :

1. Heard Shri Rajiv Chaddha, learned counsel for the appellants, Shri Satya Deo Ojha, learned counsel for the respondents; and perused the record.

2. This appeal, at the behest of the insurance company, challenges the judgment dated 31.5.2000 passed by Motor Accident Claims Tribunal/IIIrd Additional District Judge, Etawah (hereinafter referred to as 'Tribunal') in Motor Accident Claim Petition No.290 of 1994 awarding a sum of Rs.8,06,000/-with interest at the rate of 12% as compensation.

3. The brief facts of this case are that on 14.02.1994 one deceased (Krishna Kant Pandey) was going back from Bharthana to Auraiya by his Ambassador Car No.UHH-2100 at about 11.30 p.m. he reached near Madhupur Satiyapur where truck No.UPG-2108 was standing in the middle at the road without any lights on. As soon as Krishna Kant Pandey reached near the truck another truck came from the front with very bright lights on and his eyes got dazzled and he hit the truck no.UPG-2018 which resulted in the death of Sri Krishna Kant Pandey.

4. The submission of Sri Chaddha, learned counsel for appellant that income of deceased was considered by the tribunal without any proof and according to him the deceased as the lecturer in a Degree College his income could not be Rs.8000/- p.m.

5. It is submitted by Shri Ojha, learned counsel for respondents that cross objections are filed for enhancement of compensation and therefore the amount requires to be recalculated.

6. The issue of negligence has to be decided from the perspective of the law laid down by the Courts.

7. The term negligence means failure to exercise care towards others which a reasonable and prudent person would in a circumstance. Negligence can be both intentional or accidental which can also be accidental. More particularly, term negligence connotes reckless driving and the injured of claimants must always prove that the either side is negligent. If the injury rather death is caused by something owned or controlled by the negligent party then he is directly liable otherwise the principle of “res ipsa loquitur” meaning thereby “the things speak for itself” would apply.

8. The principle of contributory negligence has been discussed time and again. A person who either contributes or is author of the accident would be liable for his contribution to the accident having taken place.

9. The Division Bench of this Court in First Appeal From Order No. 1818 of 2012 (Bajaj Allianz General Insurance Co.Ltd. Vs. Smt. Renu Singh And Others) decided on 19.7.2016 has held as under :

“16. Negligence means failure to exercise required degree of care and caution expected of a prudent driver. Negligence is the omission to do something which a reasonable man, guided upon the considerations, which ordinarily regulate conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do. Negligence is not always a question of direct evidence. It is an inference to be drawn from proved facts. Negligence is not an absolute term, but is a relative one. It is rather a comparative term. What may be negligence in one case may not be so in another. Where there is no duty to exercise care, negligence in the popular sense has no legal consequence. Where there is a duty to exercise care, reasonable care must be taken to avoid acts or omissions which would be reasonably foreseen likely to caused physical injury to person. The degree of care required, of course, depends upon facts in each case. On these broad principles, the negligence of drivers is required to be assessed.

17. It would be seen that burden of proof for contributory negligence on the part of deceased has to be discharged by the opponents. It is the duty of driver of the offending vehicle to explain the accident. It is well settled law that at intersection where two roads cross each other, it is the duty of a fast moving vehic