The main legal point established in the judgment is the application of principles of negligence, contributory negligence, and the provisions of the Motor Vehicle Act, 1988, in determining the extent of liability and recalculating compensation in a motor accident case.

JUDGMENT :

1. Heard Sri Rakesh Bahadur, learned counsel for-New India Assurance Co. Ltd. and Sri Nigamendra Shukla, learned counsel for claimants.

2. Both the New India Assurance Co. Ltd. and claimants have challenged the judgment and order dated 19.05.2007 passed by Motor Accident Claims Tribunal/Additional District Judge, Court No.4, Bulandshahar (hereinafter referred to as 'Tribunal') in Motor Accident Claim Petition No. 283 of 2005, awarding compensation of Rs.8,02,500/- with interest at the rate of 9%.

3. The accident took place on 13.7.2005 when the deceased along with Vinay Kumar and minor Anjali was going on the scooter, at that point of time, the truck suddenly gave the signal for turning towards right side and that is how the accident occurred in which, the deceased sustained multiple fractures and minor Anjali and Vinay Kumar also sustained injuries. The F.I.R. was lodged at the police station. The post-mortem of the dead body was conducted on 14.7.2005. The deceased was a person of 39 years of age. The respondent-owner of the vehicle contended that the vehicle was not involved in the accident. It was contended that the accident occurred due to rash and negligent driving of the scooterist. The Insurance Company also file its reply which was one of denial and contended that there was breach of policy condition and that the vehicle was not involved. The Tribunal after hearing arguments and perusing the oral testimony as well as documentary evidence, returned the finding of negligence disbelieving the oral testimony of D.W.1-Driver Qudir by placing reliance on Mangal Singh Vs. Rajasthan State Road Transport Corporation, Jaipur, 2002 (3) TAC 216 (Raj) and awarded a sum of Rs. 8,02,500/- with interest at the rate of 9%. The Tribunal has considered the income of the deceased to be Rs.6,000/- per month, granted multiplier of 16, deducted 1/3rd towards personal expenses and granted loss of consortium Rs. 5000/- each to claimant nos. 2 to 6 for loss of fatherly affection and Rs. 9500/- for other non pecuniary damages.

4. The learned counsel for the appellant-Insurance Company has contended that the facts go to show that the truck was involved in the accident and in the alternative, the deceased was also negligent as he was driving the vehicle having two pillion riders and, lastly, it is contended that the compensation awarded is on the higher side.

5. As against this the counsel for the claimants has contended that the F.I.R., Charge-sheet and testimonies of the witness conclusively prove that the vehicle was involved and the driver of the truck was the sole author of the accident and that compensation requires to be recapitulated as amount under the head of future loss of income has not been granted.

6. 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.

7. 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 though it 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.

8. 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 th