SUSHILA BAI Vs. DEVENDRA TIWARI

JUDGEMENT

(1.) THIS is claimant's appeal seeking enhancement in the amount of compensation awarded by the IVth Additional Motor Accident Claims Tribunal, Durg vide its award dated 10-1-2003 passed in Claim Case No. 8001.

(2.) ON an application filed under Section 166 of the Motor Vehicles Act,1988 preferred by the claimants/appellants claiming Rs. 51,28,208/- as compensation for the death of Mahesh Chandra Sengar in the accident dated 17-5-2001 by Fiat Uno car bearing registration No. MP 23 LA/1709, learned Tribunal has awarded a total sum of Rs. 5,94,428/- along with interest at the rate of 12% per annum from the date of application till its payment against the driver, owner and insurer of the offending vehicle.

(3.) THE core question involved in the case for decision making is whether learned Tribunal has fallen in error in holding the deceased as responsible to the cause of accident to the extent of 40% and thereby deducting 40% amount of compensation towards contributory negligence of the deceased.