SUSHILA SONI Vs. SUDAMA SINGH

JUDGEMENT

(1.) This appeal under Sec. 173 of the Motor Vehicles Act, 1988 has been preferred by the appellant/claimant calling in question the legality, validity and correctness of the impugned award dtd. 5/7/2022 passed by learned Motor Accident Claims Tribunal, Durg in Motor Accident Claim Case No.01/2020, whereby the claim application of the claimant has been partly allowed and claimant's son deceased Rajesh Soni has also been held negligent to the extent of 50% and, therefore, while deducting 50% amount towards contributory negligence from the total compensation amount of Rs.13,55,200.00, the claimant has been awarded only Rs.6,77,600.00 for death of her son.

(2.) Ms. Pooja Sinha, learned counsel for the appellant/claimant, would submit that the eye-witness Vinash Kariyar (AW-3) has been examined who has clearly stated that the offending vehicle was parked in the middle of the road without being on the indicators & parking light and radium strip was also not affixed therein, therefore, the deceased could not see the offending Truck and he collided with the Truck and, as such, the deceased cannot be held responsible for contributory negligence. She relied upon the decision of the Supreme Court in the matter of Jumani Begam v. Ram Narayan & Others (2020) 5 SCC 807.

(3.) Mr. Sanjay Patel, learned counsel for the insurance company/ respondent No.3 would support the impugned judgment and submit that the finding recorded by the learned Claims Tribunal with regard to contributory negligence of the deceased is a correct finding of fact based on evidence available on record, which do not call for any interference and the appeal of the claimants deserves to be dismissed.