UMA BAI Vs. RAVI KUMAR ADITYA

JUDGEMENT

(1.) THIS is claimants' appeal seeking enhancement of the compensation awarded by VIth Additional Motor Accident Claims Tribunal, Bilaspur (for short 'the Tribunal') in claim case No. 87/07 vide award dated 19.11.2007.

(2.) AS against Rs. 11,50,000/- claimed by unfortunate widow and mother of deceased Rajesh Sahu by filing application under Section 166 of the Motor Vehicles Act, 1988 (for short 'MV Act') for the death of deceased in the motor accident dated 04.03.2007, the Tribunal awarded a total sum of Rs. 3,50,200/- along with interest @ 9 percent per annum from the date of application till its actual payment.

(3.) ON the other hand, Shri YS Thakur, learned counsel appearing for respondent No. 3/IFFCO Tokiyo General Insurance Company supported the award impugned and would submit that in the facts and circumstances of the case, the Tribunal ought to have held deceased Rajesh Sahu equally responsible for the accident, and ought to have deducted 50 percent towards his contributory negligence from the amount of compensation. The Tribunal, by taking liberal view has deducted only 20 percent towards contributory negligence of deceased. The amount of compensation awarded by the Tribunal, therefore, in the facts and circumstances of the case, cannot be termed as inadequate.