MAIMUNA BIBI Vs. GURU PRASAD JAISWAL

JUDGEMENT

(1.) THIS is claimants' appeal seeking enhancement of compensation awarded by Motor Accidents Claims Tribunal, Ambikapur vide award dated 18.09.1997 in Claim Case No. 26/95. Respondent No.2/Oriental Insurance Company Limited has also preferred cross-objection.

(2.) AS against the compensation of Rs.7,75,000/- claimed by the appellants/claimants by filing application under Section 166 of the Motor Vehicles Act, 1988 (for short 'the Act') for the death of Mohd. Shamim in the motor accident dated 28.07.1995, the Tribunal has awarded a total sum of Rs.60,000/- along with interest at 12% per annum from the date of application till its actual payment.

(3.) ON the other hand, Shri Suryakant Mishra, learned counsel for respondent No.2/the Oriental Insurance Company Limited while supporting the Tribunal's finding regarding negligence of the deceased in the said accident, has assailed the award of Rs.60,000/- passed by the Tribunal inter alia on the ground: as the deceased himself was responsible for the accident, the Tribunal should have confined its award to the extent of Rs.50,000/- under Section 140 of the Act in place of Rs.60,000/- and the award deserves to be suitably reduced from Rs.60,000/- to Rs.50,000/-