KAUSHALIYA DEVI Vs. ANGIRA PRASAD DWIVEDI

JUDGEMENT

(1.) Inadequacy in the compensation awarded by the Tribunal in respect of the deceased aged about 40 years is the challenge raised in this appeal.

(2.) Heard Shri Manoj Paranjpe, the learned counsel appearing for the Appellants, Shri Shivendu Pandya, the learned counsel appearing for 2nd Respondent and Shri K. Rohan, the learned counsel representing the 3rd Respondent.

(3.) On 06.12.2006, the deceased was riding a Motorcycle which dashed against a Truck bearing No. CG 15 ZC/1503, insured by the Respondent company which was lying parked on the road; leading to the claims. The deceased was employed as a 'Panchayat Karmi' and was stated as having separate income as well from agricultural source. The claim was resisted from the part of Respondents mainly on negligence on quantum. Policy stands admitted. After evaluation of the evidence on record, the Tribunal rendered a finding that the accident was because of the negligence on the part of the driver of the offending Truck and also due to contributing negligence on the part of deceased rider of the Motorcycle. It was accordingly, that the negligence was fixed in the ratio of 75%:25% (3/4 on the part of Truck driver and 1/4 on the part of the deceased).