PREMA K. Vs. MUBARAK SHARIF

JUDGEMENT

(1.) This appeal is filed by the appellants/claimants under Sec. 173(1) of the Motor Vehicles Act, 1988 challenging the judgment and award dtd. 23/3/2023 passed in MVC No.188/2022 on the file of the I Additional District and Sessions Judge and MACT, Tumakuru, for enhancing the compensation.

(2.) Heard the arguments of the learned counsel for the appellants and the learned counsel for respondent No.3/Insurance Company. The ranks of the parties are retained as per Tribunal for the sake of convenience.

(3.) The brief facts of the case are that, one Sri. Rudresh while riding a motorcycle, met with an accident on 17/10/2021 and died subsequently. His wife, children and mother filed a claim petition claiming compensation of Rs.80,00,000.00. The Tribunal considering the entire oral and documentary evidence on record granted an amount of Rs.26,15,584.00 with interest at the rate of 6% per annum from the date of petition till its realisation from respondent Nos.1 and 3. It is stated that the negligence of the TATA ACE driver is 20% and that of the lorry driver is 80%, and accordingly, respondent Nos.1 and 3 were directed to deposit the amount. Being aggrieved by the said order, the claimants have preferred this appeal and mainly contented that the Tribunal erred in fixing contributory negligence at 20% on respondent No.1 on the ground that the vehicle was not insured. Since two vehicles were involved, respondent No.3, is a tortfeasor and thus, requested this Court to direct the Insurance Company to pay the entire compensation with liberty to recover 20% from the owner of the vehicle.