NEW INDIA ASSURANCE Vs. NAND KISHORE SINGH

JUDGEMENT

(1.) This Miscellaneous Appeal is directed against the judgment and award dated 21.7.99 passed by Sri Pankaj Srivastava, Additional Motor Vehicle Accident Claims Tribunal IV, Muzaffarpur, in Claim Case No. 219 of 1997 whereby he has been pleased to allow the above mentioned claim case and directed the appellant to pay 75% of the total compensation amounting to Rs. 73,000/- and the rest 25% was ordered to be paid by respondent no.4.

(2.) The claim application was filed for the injury caused to respondent no.1, who was driving the truck bearing registration No. BR-06G-0211 on 24.1.97 and the said truck collided with truck bearing registration No. WB-73 3609 at Hardia near Sec- tor-D of N.H. 21. In the said accident, the driver of truck bearing registration No.W.B- 73 3609 died and the claimant sustained grievous injuries. For the said accident, Rajauli (Nawada) P.S. case no. 10 of 1997 was instituted. Thereafter, the claimant injured filed Claim Case No. 219/97 which was disposed of on 21.7.99 by the Additional Motor Vechicle Accident Claims Tribunal IV, Muzaffarpur and a total compensation of Rs. 73,000/- was awarded to the Claimant. The Tribunal further directed the appellant to pay 75% of the total award on the basis of contributor/negligence and rest 25% was ordered to be paid by respondent no.4.

(3.) During the course of hearing of this appeal, the learned Advocate appearing on behalf of the appellant submitted that since it was a case of head on collision of two vehicles, as such, the tribunal has committed error by directing the appellant to pay 75% of the total award. The learned Advocate submitted that in such cases the settled principle of law is that the drivers of both the vehicles should be held responsible to have contributed equally in the accident and that is why he has challenged this part of the judgment only. In support of his submission, he has placed reliance upon the decision reported in (Bijoy Kumar Dugar Vs. Bidya Dhar Dutta and Ors, 2006 3 SCC 242).