SHARDA TIWARI Vs. KHEM KUMAR CHATURVEDI

JUDGEMENT

(1.) The present is a claimants' appeal under Section 173 of the Motor Vehicles Act, 1988, seeking enhancement of the compensation awarded by the Second Additional Motor Accident Claims Tribunal, Bilaspur, vide award dated 11.8.2011 passed in Claim Case No.138/2011.

(2.) Vide the impugned award, the learned Tribunal, in a death case, under Section 166 of the Motor Vehicles Act, has awarded a compensation of Rs.3,36,300/- to the claimants with interest thereon at the rate of 7% per annum from the date of presentation of the claim application.

(3.) Learned counsel for the appellant-claimants submits that the impugned award is erroneous to the extent that the contributory negligence of 25% which has been attributed on the part of the deceased is without any basis. According to the learned counsel for the claimants, the owner and driver of the offending vehicle were proceeded ex parte and the insurance company has also not led any evidence, yet the learned Tribunal has reached to the finding of contributory negligence of 25% on the part of the deceased. He further submits that it is a case where the finding of contributory negligence arrived at by the learned Tribunal is only on the basis of there being a head on collusion between the two vehicles. It was further contended that the claimants shall also be entitled for 50% income towards the future prospects as the deceased was an employee of the Municipal Corporation, Bilaspur. Likewise, it was also contended that the deduction of 1/3rd made by the learned Tribunal is erroneous, for the reason that the learned Tribunal has not considered the claim of appellant no.3-Ku. Dhaneshwari @ Dhani Tiwari as a dependant to the deceased, on account of the fact that she was born subsequent to the death of the deceased. This finding also is without any basis and therefore 1/4th deduction is to be made towards personal expenses.