BIJOY KUMAR DUGAR Vs. BIDYADHAR DUTTA

JUDGEMENT

(1.) These two appeals involve identical questions of facts and issues, and are, therefore, disposed of by this common judgment.

(2.) Civil Appeal Nos. 3731-3732 of 2002 are filed by the appellant impugning two judgments and orders dated 19th July, 2001 passed by the Division Bench of the High Court of Gauhati in M.A.C. Appeal No. 56 of 2000 and in Writ Petition (C) No. 4418 of 2000. Facts of Civil Appeal No. 3731/2002 shall cover the facts of the other Appeal No. 3732 of 2002. C. A. No. 3731 of 2002

(3.) Facts in brief are that on 15-4-1988 at about 4.00 p.m. an accident took place at Kharjan Pol of Sahab Pathar, Tingrai, a place between Tinsukia and Digboi in the State of Assam wherein two vehicles, namely, Maruti car bearing registration No. UPI 237 and a bus bearing registration No. ASQ 8446, were involved in a head-on collision. Raj Kumar Dugar, the owner of the Maruti car, died in the accident on the spot. Bidya Dhar Dutta, respondent No. 1, is the owner of the bus and Ajay Baruah, respondent No. 2 herein, was driving the offending bus, when it met with an accident. The bus was insured with the Oriental Insurance Company Limited-respondent No.3. The car of the deceased was not insured as he had purchased it hardly a day or two before the accident. The appellant-Bijoy Kumar Dugar and his wife-Smt. Panna Devi Dugar [now dead] were the original claimants before the Motor Accident Claims Tribunal (hereinafter referred to as the MACT), Tinsukia. They claimed a sum of Rs. 25,00,000/- as compensation from the respondents. The MACT, relying upon the evidence and other material on record, came to the conclusion that the deceased Raj Kumar Dugar and Ajay Baruah, driver-respondent No. 2, both were driving their respective vehicles in a rash and negligent manner and the accident was as a result of their contributory negligence for which the insurer respondent No. 3 was liable to pay half of the amount of compensation, i.e. Rs. 1,76,800/-, to the claimants. It also directed that the amount of compensation as awarded be paid with interest at the rate of 10% per annum from the date of filing of the claim petition till payment.