The court upheld the liability of the insurance company for compensation in a motor vehicle accident while addressing contributory negligence and reducing the interest rate on compensation due to prolonged proceedings.

JUDGMENT :

W. DIENGDOH, J.

1. Two claim applications were filed before the Motor Accident Claims Tribunal (MACT), Shillong by the respondent herein as claimant seeking compensation on account of the death of her husband and also for injuries sustained by her as a result of a motor vehicle accident which occurred on 02.05.2003 at about 9:00 a.m. or so at Pahamrioh village on the GS Road. The said applications were registered as MAC Case No. 3 of 2004 and MAC Case No. 4 of 2004 respectively.

2. According to the respondent/claimant on that fateful day, she along with her deceased husband, H.P.S. Diddan, their son Kabeer Singh Diddan, Shri. Mewalal (Driver) and Shri. Siddharth Maitreya was travelling in a Maruti van No. MH-04-BD-7260 from Shillong towards Gauhati on their way to Sikkim, at about 9:00 a.m. on reaching Pahamrioh village, GS Road the vehicle they were travelling in was hit by one truck bearing registration No. AS-25-B-5389. The occupants of the van sustained grievous injuries and were removed to the hospital where her husband succumbed to his injuries at Narazeth Hospital, Shillong while she sustained injuries on her person.

3. A motor vehicle accident having taken place, an FIR dated 01.07.2003 was filed by SI B.K. Mishra before the Officer-in-Charge Nongpoh Police Station and accordingly, Nongpoh P.S. Case No. 55(07) 2003 under Sections 279/427/304-A IPC was registered against Shri. Babul Boro the driver of the said truck No. AS-25-B-5389.

4. In the said claim applications, the insurer of the offending truck, that is, the Oriental Insurance Co. Ltd., the owner and the driver of the said truck as well as the owner of the Maruti van No. MH-04-BD-7260 were impleaded as Opposite Parties. However, except for the Oriental Insurance Co. Ltd., the other three opposite parties did not appear to contest the claim before the Tribunal following which the matter proceeded exparte against them. The opposite party/appellant herein then took recourse to the provision of Section 170 of the Motor Vehicle Act, 1988 to take over the defence of the owner and driver respectively, of the alleged offending vehicle. The written statement was also filed by the Oriental Insurance Co. Ltd.

5. In course of proceedings, the Tribunal framed four issues touching on the areas of maintainability, negligence, liability for compensation and whether the claimant is entitled for such compensation. In the case of injury, another issue was framed as to whether the injuries sustained was on account of these said accident and whether such injuries are serious and permanent in nature.

6. The respondent/claimant then produced nine witnesses to support her case while the appellant/Oriental Insurance Co. Ltd. also produced one witness as OPW-1. On conclusion of the recording of evidence, the parties present their respective argument before the Tribunal and on consideration of such argument the learned Member, MACT, Shillong vide a common judgment and order dated 30.07.2021 has awarded compensation of Rs. 21,56,660/- (rupees twenty-one lakh fifty-six thousand six hundred sixty) only in the case of death in MAC Case No. 3 of 2004 and compensation of Rs. 1,06,228/- (rupees one lakh six thousand two hundred twenty eight) only in MAC Case No. 4 of 2004. The learned MACT has also imposed interest @9% p.a. on the awarded amount which period of interest will run from 13.02.2004 to 20.11.2020.

7. Being highly aggrieved with and dissatisfied by the said judgment and award dated 06.08.2021 the appellant/Insurance company has now approached this Court with this instant appeal with a prayer to set aside and quash the said impugned judgment and order.

8. Heard Mr. A. Khan, learned counsel for the appellant who has submitted that the grievance of the appellant is with the appreciation of evidence by the learned Tribunal which has not taken into account that the liability of the appellant/Insurance Company is subject to the terms and conditions of the policy and Section 147 and 149(2)