KANTIBAI Vs. NOHARRAM

JUDGEMENT

(1.) Since both these appeals have been filed against the impugned award dated 22-1-2010 passed in Claim Case No. 54/2009 by the Addl. Motor Accident Claims Tribunal, Bemetara, District Durg (C. G), they are being disposed of by this common order.

(2.) The learned Claims Tribunal has framed the question as to whether the accident was caused when Tractor bearing Regn. No. C.G. 10-D/2897 driven by non-applicant no. 2 in a rash and negligent manner dashed the motorcycle. The Tribunal has answered that the accident was the result of the contributory negligence equally on the part of both the drivers and the deceased Maharan died in the said motor accident. It has worked out the total loss of dependency as Rs. 15,79,656/- and after considering the extent of negligence of the two drivers to be 50:50 has fixed the compensation as Rs. 7,89,828/- Besides this, the Tribunal has also granted Rs. 12,500/- over the other heads and the total amount of compensation was fixed as Rs. 8,02,328/- which the claimants are entitled to receive from the non-applicants jointly or severally.

(3.) We have heard learned counsel for the parties and have also gone through the records of the Tribunal.