SOBNATH SAHU Vs. MOHD MAHFUJ ALAM

JUDGEMENT

(1.) THIS is claimants' appeal under Section 173 of the Motor Vehicles Act, 1988 (henceforth 'the Act, 1988') seeking enhancement of the compensation granted under award dated 23 -11 -2004 passed by 2nd Additional Motor Accidents Claims Tribunal, Mahasamund (henceforth 'the Claims Tribunal') in Claim Case No. 105/2003 as also challenging the finding of the Claims Tribunal with regard to contributory negligence on the part of their son deceased Tirath Raj. By the impugned award, the Claims Tribunal, holding the age of the deceased as 35 years, taking monthly income of the deceased as Rs. 2,000/ -, deducting 1/2 towards his personal and living expenses and applying multiplier of 13, has assessed the compensation of Rs. 1,56,000/ - towards dependency. Adding a sum of Rs. 2,000/ - towards funeral expenses and a sum of Rs. 2,500/ - towards loss of estate, the Claims Tribunal has assessed total compensation of Rs. 1,60,500/ -.

(2.) THE Claims Tribunal has further held that the deceased was also contributory negligent to the accident to the extent of 50% and, therefore, made a deduction of 50% from the compensation assessed towards the contributory negligence and awarded compensation of Rs. 80,250/ - along with interest @ 8% per annum in favour of the claimants.

(3.) SHRI Sudhir Agrawal, learned counsel appearing for respondent No. 3/insurance company would support the impugned award and oppose the appeal.