GYANMANI TOPPO Vs. SANTOSH KUMAR YADAV

JUDGEMENT

(1.) The appellants/claimants have preferred this appeal under Sec. 173 of the Motor Vehicles Act, 1988 calling in question the legality, validity and correctness of the impugned award dtd. 20/4/2023 passed by the learned Motor Accident Claims Tribunal, Ambikapur, Surguja in Motor Accident Claim Case No. 216/2021 by which while granting compensation to the claimants, 50% awarded amount has been deducted towards contributory negligence of the deceased.

(2.) Mr. Shubham Tiwari, learned counsel for the appellants, would submit that there was no contributory negligence on the part of the deceased, as proved by Sanjay Kumar Singh (AW-2), as according to his statement, the vehicle was parked in the night at middle of the road without parking light & indicators on, therefore, the vehicle of deceased dashed against the standing truck. As such, the insurance company would be held liable and the insurance company has not led any evidence in this regard.

(3.) Mr. Pavash Sharma, learned counsel for Respondents No.1 & 2 (Owner & Driver) and Mr. Deepak Gupta, learned counsel for the Respondent No.3 (Insurance Company) would support the impugned award and submit that the appeal of the appellants/ claimants is liable to be dismissed.