Adopting the 50:50 contributory negligence rule for head-on collisions and assessing 100% loss of earning capacity.

The appellant, a police constable, was riding a motorcycle on December 14, 2017, when he was involved in a head-on collision with an oil tanker

The claimant suffered serious injuries resulting in 90% permanent physical disability and was subsequently dismissed from service for being medically unfit

The Tribunal found both parties equally liable (50-50%) for the accident due to the nature of the head-on collision on the claimant's right side of the road and awarded a total of Rs. 35,71,648/-

The appellant challenged this finding and the quantum of compensation, seeking enhancement

1. Whether the claimant contributed to the accident through negligence, justifying the apportionment of liability

2. Whether the compensation awarded by the Tribunal was just and proper, specifically regarding the assessment of loss of future earnings

The court applied Section 166 and Section 173 of the Motor Vehicles Act, 1988, regarding claim applications and appeals

It relied on the precedent set in *Bijoy Kumar Dugar v. Bidyadhar Dutta & Others* (2006), establishing that in head-on collisions, both drivers are generally held equally responsible for contributory negligence

Furthermore, the court applied principles governing “functional disability,” distinguishing between physical disability and the 100% loss of earning capacity when an injury results in total loss of employment

The Court upheld the 50-50% contributory negligence finding, noting that the claimant’s own evidence and the spot map (Ext. 8) confirmed the collision occurred on the right side of the road for the claimant, indicating he was not in his proper lane

However, the Court found the Tribunal’s assessment of compensation inadequate.

While the physical disability was 90%, the Court observed that the claimant was terminated from his job as a constable for being medically unfit

Consequently, the "functional disability" regarding future earnings must be treated as 100%

The Court recalculated the future loss of earnings using the claimant’s actual salary (Rs. 25,630/-), adding 50% for future prospects and applying a multiplier of 16

After deducting 50% for contributory negligence, the claimant’s entitlement was fixed at Rs. 39,40,720/-

The Court directed Respondent No. 2 (Insurer) to pay the said amount with 6% simple interest per annum from the date of the claim filing (October 1, 2018) until realization