The judgment established the principles of negligence, contributory negligence, and composite negligence in motor accident cases, and applied relevant legal provisions and precedents to determine compensation and interest rate.

JUDGMENT :

1. Heard Sri Sharve Singh, learned counsel for the appellant and Sri Dinkar Mani Tripathi, learned counsel for the respondent.

2. This appeal, at the behest of the claimants, challenges the judgment and award dated 31.5.2010 passed by the Motor Accident Claims Tribunal/Additional District Judge, Court No.14, Varanasi (hereinafter referred to as 'Tribunal') in M.A.C.P No.84 of 2008 awarding a sum of Rs.2,21,500/- as compensation with interest at the rate of 6% against Rs.60,00,000/- claimed by the claimants-appellants.

3. The accident took place on 12.12.2007 at 12.00 noon on Varanasi-Jaunpur Road near Reliance Petrol Pump within Police Station Bara Gaon, District Varanasi. Bus of U.P. State Road Transport Corporation is alleged to have knocked down the Motorcyclist who died in the said accident. It is an admitted position of fact and not disputed that the deceased died on the spot. The deceased at the time of accident was a medical officer namely Senior Territory Executive and was aged about 38 years of age. He was getting Rs.7500/- along with Rs.200/- allowance per day if he went out of headquarter. While deciding the claim petition, the Tribunal has granted sum of Rs.2,21,500/-. The Tribunal took the income of the deceased to be a notional income of Rs.3,000/- only as according to the Tribunal, it was not proved that he was in service. The salary certificate, Income Tax Returns and appointment letter which was not even rebutted by the respondent, was brushed aside by the Tribunal. Tribunal in the year of accident was governed by the judgment by the Apex Court in General Manager, Kerala S.R.T.C. vs. Susamma Thomas, 1994 (2) SCC 176, this fact was also not looked into. The decision in Sarla Verma and others Vs. Delhi Transport Corporation and Another, 2009 LawSuit (SC), though pressed into service by the appellants-claimants was not considered.

4. The Tribunal hold the deceased to be 50% negligent. This twin issues are posed for consideration namely whether the deceased was contributed to the accident having taken place if yes, to what extent and what is the compensation to be paid to the claimants.

5. While dealing with submission on issue of negligence raised by the learned counsel for the appellant, it would be relevant to discuss the principles for deciding contributory negligence and for that the principles for considering negligence will also have to be looked into.

6. The term negligence means failure to exercise care towards others which a reasonable and prudent person would in a circumstance or taking action which such a reasonable person would not. Negligence can be both intentional or accidental which is normally accidental. More particularly, it connotes reckless driving and the injured 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.

7. The principle of contributory negligence has been discussed time and again. A person who either contributes or is co author of the accident would be liable for his contribution to the accident having taken place and that amount will be deducted from the compensation payable to him if he is injured and to legal representatives if he dies in the accident.

8. 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 rea