IMPORTANT POINT
The court established that contributory negligence must be proven, and compensation should be just and adequate, reflecting the actual loss suffered by the claimants.

JUDGMENT :

This appeal under section 173(1) of the Motor Vehicle Act, 1988 (for short “Act”) is preferred by the appellant/United India Insurance Company Ltd. challenging the judgment and award dated 2-4-2018 delivered by the Motor Accident Claims Tribunal, Bhopal in MCC No. 1440/2014 granting compensation of Rs. 7,86,000/- along with @ 7% interest thereon from the date of application till realization against the respondents No. 1 to 3/non-applicants, jointly and severally.

2. For the sake of convenience, the parties are referred to as they arrayed before the Motor Accident Claims Tribunal (in short “MACT”).

3. The factual contest of the case, is as under :—

(a) On 10-6-2014, the deceased-Akash Gour was a pillion rider of the motor cycle driven by his friend, when they were reached near Kanha Fun City at about 02:00 pm, the bus bearing No. MP-04-PA-2136 coming from opposite direction driven by its driver (respondent No. 1) in rash and negligently and dashed against their motor cycle and due to which, Akash Gour sustained severe injuries and died on the spot.

(b) The matter was reported to police alleging that the accident took place, as a result of rash and negligent driving of the offending vehicle bearing No. MP-04-PA-2136 driven by its driver (respondent No. 1). Based on the complaint lodged by Virendra Gour, a case in Crime No. 274/2014 was registered by the Police - Misrod against the accused/respondent No. 1-Dharmendra Singh Shrivastava for the offence under section 304-A of Indian Penal Code. After investigation of this case, the charge-sheet was submitted before the Court of Judicial Magistrate of First Class, Bhopal against accused/driver (respondent No. 1), for the offence punishable under sections 304-A and 337 of Indian Penal Code.

(c) The deceased Akash Gour aged about 25 years hale and healthy and used to work as Supervisor and drawing salary of Rs. 12,000/- per month from the Proctar and Gambal Company, Mandideep and he was unmarried and used to spend monthly income to his family of petitioners/claimants. The petitioners No. 1 and 2 are the parents and petitioner No. 3 is the sister of the deceased- Akash Gour filed an application claiming compensation of Rs. 15,50,000/- before the Tribunal, on account of death of deceased Akash Gour, in the road traffic accident.

4. The respondents No. 1 and 2/non-applicants in their written statements have stated that the facts narrated in the application are not true and correct, if the applicants are entitled for award of compensation, the Insurance Company would liable to pay the same.

5. The respondent No. 3/non-applicant i.e. United India Insurance Company Ltd. filed written statement that the first respondent-driver of the offending vehicle did not possess valid and effective driving license at the time of accident and that the driver and the owner of the offending vehicle has not intimated about the accident to this respondent within 14 days which renders the Insurance Company is not liable to pay the compensation. Further contended that there is no negligence on the part of the respondent No. 1/driver while driving the offending vehicle bearing No. MP-04-PA-2136, thus the Insurance Company seeks exemption/absolve from the payment of compensation to the claimants and prays to dismiss the petition with costs.

6. In view of the pleadings of the parties, the learned Tribunal framed the following issues dated 18-2-2016 :—

“(i)(a)Whether on 10-6-2014, there was a collision between bus No. MP-04-PA-2136 and the motor cycle on which Akash Gour was sitting as pillion rider in front of National Highway Number-12, Fun City Gate, in police Station Misrod area?

(b) If yes, then whether the said accident occurred as a result of non-applicant No. 1 driving the vehicle/bus No. MP-04-Pa-2136 owned by applicant No. 2 in a rash and negligent manner by its driver or due to the negligence of Akash Gour in driving his vehicle? Was the negligence a result of rash driving or was it a result of contribu