MAMTA Vs. BHAV SINGH

JUDGEMENT

(1.) Leave granted.

(2.) The appellants are the wife, children etc. of one Vinod Rajak. Vinod Rajak died in a motor vehicle accident which had occurred on 15/12/2011. Therefore, the appellants filed Claim Case No.40 of 2013 before the Motor Accident Claims Tribunal, Gwalior, Madhya Pradesh, (for short, 'Tribunal') seeking a total compensation of Rs.43,20,000.00. The respondent-Insurance Company had entered appearance and opposed the claim petition.

(3.) On the basis of the materials placed on record, the Tribunal held that the accident was caused due to the negligence of the deceased as also the driver of the offending vehicle. Therefore, the Tribunal held that there was 50% contributory negligence on the part of the deceased. The Tribunal awarded a total compensation of Rs.4,11,750.00with interest at the rate of 7% per annum from the date of the claim petition till the date of actual payment.