LAXMI DEVI Vs. MEHBOOB ALI

JUDGEMENT

(1.) Leave granted.

(2.) The appellants herein, are before this Court assailing the judgment dtd. 6/1/2019 passed by the High Court whereby, the High Court though has computed the compensation at Rs.3,60,000.00, has awarded only 50% of the same i.e. Rs.1,80,000.00, holding contributory negligence on the part of the deceased to the extent of 50%. In that background, though, there is no dispute with regard to the accident having occurred on 31/12/2007 and the death having occurred in the said accident, the aspect which arise for consideration in the instant appeal is with regard to the aspect of negligence and the quantum of compensation to be awarded.

(3.) Firstly, with regard to the negligence, as held, a perusal of the judgment passed by the Motor Accident Claims Tribunal (for short 'MACT') itself would indicate the manner in which the accident had occurred and as rightly observed both by the MACT as well as by the High Court, the accident having taken place during the month of December after it was dark, certainly, the visibility would be poor. In that circumstance, when it was a case where the truck (offending vehicle) was parked on middle of the road and the deceased had not noticed it as there was no clear indication or signal, it cannot be said that there was negligence on the part of the deceased as he could notice the vehicle (the truck) only when he had approached the same.