HATHIYARIN NISHAD Vs. HITESH KUMAR SAHU

JUDGEMENT

(1.) By way of this appeal under Sec. 173 of the Motor Vehicle Act, 1988 (hereinafter, "the Act of 1988"), the appellants (claimants) have called in question the legality, validity and correctness of impugned award dtd. 30/01/2020 passed by learned 8th Additional Motor Accident Claims Tribunal, Durg in Claim Case No. 566/2018 whereby it has been held that deceased Jethuram Nishad was also liable for contributory negligence and 50% of the compensation amount has been deducted and thereafter, compensation to the tune of Rs.7,91,000.00 has been awarded in favour of the claimants.

(2.) Facts of the case relevant for disposal of this appeal are that appellants No. 1 and 2 are mother and son of deceased Jethuram Nishad and respondents No. 4 and 5 are his wife and daughter. On 09/03/2018 at about 05:30 PM, deceased Jethuram Nishad was going to work in his motorcycle while his friend Uttam Patel (PW-2), his wife and child were sitting on the said motorcycle as pillion riders. At village Dhaneli, another motorcycle bearing Registration No. CG 08/V-8380 which was coming from Khairagarh, collided with their motorcycle on account of which, Jethuram Nishad died on the spot. It is the case of the claimants that on the date of the accident, deceased Jethuram Nishad was aged about 30 years and earned Rs.10,000.00 per month working as a Mason and since he was the sole earner in the family, a compensation to the tune of Rs.31,95,000.00 may be granted in their favour, which was opposed by respondents No. 2 stating that he had sold the offending motorcycle in favour of respondent No. 1 and further opposed by respondent No. 3 (Insurance Company) stating that on the date of accident, respondent No. 1 did not have valid driving license, therefore, the Insurance Company is not liable for payment of compensation. None appeared on behalf of respondent No. 1 and ex-parte order was passed.

(3.) Learned Claims Tribunal, upon appreciation of pleadings and evidence placed on record by respective parties, held that on the date of accident, on account of rash and negligent driving of respondent No. 1, deceased Jethuram Nishad sustained grievous injuries and died on the spot, however, further held that deceased was also guilty of contributory negligence to the extent of 50% and further holding that respondent No. 1 did not possess valid driving license on the date of the accident and was driving the offending motorcycle in violation of the terms of Insurance Policy, absolved respondent No. 3 (Insurance Company) from payment of compensation and held that respondents No. 1 and 2 herein are liable for payment of compensation to the tune of Rs.7,91,000.00 to appellants No. 1 and 2 and respondents No. 4 and 5 herein/claimants.