KUNJ BIHARI Vs. BALRAM BHARDWAJ

JUDGEMENT

(1.) This appeal under Sec. 173 of the Motor Vehicles Act, 1988 (for short, 'the Act of 1988') has been preferred by the appellants herein/claimants seeking enhancement in the amount of compensation, challenging the impugned award dtd. 20/1/2023 passed by the Motor Accident Claims Tribunal, Mungeli, District Mungeli in Claim Case No.74/2018, by which the learned Claims Tribunal has awarded a total sum of Rs.3,78,200.00 as compensation for the death of Radhelal Chandrakar, who was a Tube-well Mechanic, aged about 50 years at the time of incident. The appellants herein/claimants are son and wife, respectively, of deceased Radhelal Chandrakar.

(2.) Mr. Arjun Lal Singroul, learned counsel appearing on behalf of the appellants herein/claimants, would submit that just and proper compensation has not been awarded to the claimants and apart from that the finding of the Claims Tribunal regarding contributory negligence and deduction of 50% from compensation towards contributory negligence of the deceased is totally unwarranted, as such, the said finding deserves to be set aside and compensation should be enhanced by allowing the appeal and awarding suitable compensation.

(3.) Ms. Harneet Kaur Khanuja, learned counsel appearing on behalf of the Insurance Company/respondent No.2 herein, would oppose the appeal and support the impugned award.