Negligence in motor vehicle accidents involves the failure to exercise adequate care, allowing injured parties to claim full compensation from joint tortfeasors without determining liability proportions.

JUDGMENT

Dr. Kaushal Jayendra Thaker, J.

Heard Sri Aarushi Khare, learned counsel for the for United India Insurance Company Ltd. Despite several adjournment, none appears for the respondents.

2. This appeal, at the behest of the United India Insurance Co. Ltd., challenges the judgement and award dated 30.08.1996/6.9.1996 passed by M.A.C.T/IIIrd-Additional District Judge, Badaun (hereinafter referred to as "Tribunal") in M.A.C.P. No. 55 of 1990.

3. Brief facts as culled out from the record are that on 01.04.1990 deceased Lalta Prasad was going to village Pipriya on a motor-cycle bearing no. U.P.O. 9328 driven by one Dular Singh as a pillion rider. When Lalta Prasad and Dular Singh reached near village Lakhanpur at about 10:15 p.m then only a tractor trolley bearing no. U.P.O.8144 going towards Dataganj was driven by Tejpal rashly and negligently. Dular Singh blew horn to Tejpal and wanted way but Tejpal instead of giving way to Dular Singh and Lalta Prasad without giving any indication turned the tractor trolley towards right and was dashed with the motor-cycle and dragged the motor-cycle with it as a result of which Lalta Prasad received grievous injuries and Dular Singh also received injuries. Lalta Prasad was taken to the District Hospital Badaun where Lalta Prasad succumbed to his injuries.

4. The deceased was 52 years of age at the time of accident and he was a Government servant working as a Compounder in Animal Husbandary Department of State Government and was earning Rs. 1742/- p.m. He was a married person having a wife and three daughters and a son. The tribunal has granted a lumsum amount of Rs. 1,33,296/-

5. It is submitted by the learned counsel for the appellant that respondent nos. 7 and 8 was guilty of negligence. The driving licence at the time of accident was not a valid driving license so as to drive motor-cycle. The rate of interest granted by the tribunal is on the higher side.

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 author of the accident would be liable for his contribution to the accident having taken place.

8. The Division Bench of this Court in First Appeal From Order No. 1818 of 2012 ( Bajaj Allianz General Insurance Co.Ltd. v. 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 le