KULVINDER KAUR Vs. BHUPINDER SINGH

JUDGEMENT

(1.) THIS is claimants' appeal for enhancement of the compensation awarded by the First Additional Motor Accident Claims Tribunal, Raipur (for short 'the Tribunal') vide award dated 07.08.2003, passed in Claim Case No.27/2003.

(2.) AS against the compensation of Rs.10,33,000/- claimed by the appellants/claimants, unfortunate widow, minor daughters and parents of deceased Bahal Singh by filing a claim petition under Section 166 of the Motor Vehicles Act for his death in the motor accident on 09.08.2002, the Tribunal awarded a total sum of Rs.2,24,044/- as compensation along with interest @ 6% per annum from the date of filing of the claim petition till the date of actual payment.

(3.) SO far as the Tribunal's finding holding it to be a case of contributory negligence and restricting payment of compensation to the claimants to only 50% of the compensation assessed is concerned, the same cannot be legally sustained in view of the dictum of the Apex Court in the case of T.O. Anthony v. Kavarnan and Others, reported in 2008. 3 S.C.C. -748, as admittedly deceased Bahal Singh was not driving any of the two Trucks at the time of the accident though he was owner of one of the two Trucks.