Contributory negligence cannot be attributed to deceased without evidence of their actions contributing to the accident; potential income of students is relevant for compensation calculations.

JUDGMENT :

NEENA BANSAL KRISHNA, J.

MAC. APP. 450/2023 & MAC. APP. 48/2024

1. These Appeals under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as "M.V. Act‟) have been filed by the Appellant/Insurance Company, to challenge the two Awards dated 05.06.2023, in regard to the demise of Ms. Anchal Rana and Mr. Kant Dhingra, both students of 3rd Year MBBS, from Private College i.e. Sharda University, in a road accident on 21.05.2019.

2. Briefly stated, on 21.05.2019, Ms. Anchal Rana along with her friends, Ms. Karishma, Mr. Soaib and Mr. Abhishek Soni was travelling to Greater Noida from Kundli Sonipat, Haryana in a Swift Car No. DL 9C AK 0903, which was being driven by Mr. Kant Dhingra. The Offending Truck bearing No. DL 1 GC 0972 driven by Mr. Umesh Singh, suddenly applied breaks resulting in the Swift car, ramming into the backside of the Truck, resulting in death of Ms. Anchal and Mr. Kant Dhingra due to the injuries sustained in the accident.

3. FIR No. 81/2019 under Section 279/34A/427 of the IPC, was registered at Police Station Chandinagar, against Mr. Umesh Singh/Respondent No.3, the driver of the Truck. After investigations, the Charge-Sheet was filed in the Court of learned Metropolitan Magistrate on 31.07.2019.

4. Claim Petitions MACT 471/2019 and MACT 574/2019 under Section 166/140 of the M.V. Act 1988, were filed before the learned Tribunal, by the parents of the deceased Ms. Anchal Rana and Mr. Kant Dhingra, respectively.

5. Vide the Impugned Awards dated 05.06.2023. the total Compensation in the sum of Rs. 76,98,950/- along with interest @9% p.a. has been awarded to the parents of Ms. Anchal Rana and in a sum of Rs.76,00,000/- along with interest @9% p.a. to the parents of Mr. Kant Dhingra.

6. Aggrieved by the said Impugned Awards, the Appellant/Insurance Company has challenged the same on the following grounds:

(i) The deceased Kant Dhingra was driving the Swift Car at a very high speed and it hit in the back of offending Truck driven by Respondent No.3 and he was responsible for causing the accident. It being a case of contributory negligence, the compensation is liable to be reduced accordingly;

(ii) that the deceased Kant Dhingra was not having a valid Driving License;

(iii) The deceased were the medical students of Third Year, who were studying in Sharda Medical College; therefore, their notional income assessed @Rs.50,000/- per month is on the higher side;

(iv) Interest awarded at the rate of 9% p.a. is on the higher side.

7. Learned Counsel appearing on behalf of the Claimants has controverted the submissions and has asserted that in a Decision back in the year 2009, notional income of the medical students of fourth year, who had died in the an accident, was taken as Rs. 20,000/- per month. This accident is of the year 2019 and the Tribunal has correctly assessed the potential income of the deceased as Rs.50,000/- per month.

8. It is further contended that there can be no contributory negligence attributable to the death of driver of the Swift car since it was the truck which attempted to overtake the car and consequently, caused the accident. There is no interference warranted in the Impugned Award and the Appeals are liable to be dismissed

9. Submissions heard and record perused.

Contributory Negligence:

10. The first challenge to the Award is that the accident was caused due to contributory negligence of the deceased, Mr. Kant Dhingra, who was driving the Car, as he rammed into the offending Truck from behind. Also, the Swift Car was being driven at a very high speed and Mr. Kant Dhingra was not having a valid driving license. Therefore, it is a case of contributory negligence on the part of the deceased and the compensation needs to be reduced accordingly.

11. In order to prove the manner of accident, the Claimants had examined PW-2, Mr. Gaurav Verma, eye witness, in both the Claim Petitions. He deposed that on the date of accident while he along with his friends, was travelling in the car being dri