ANNAMMA PHILIP Vs. PUSAU RAM SAHU

JUDGEMENT

(1.) THE claimants, unfortunate widow and sons of the deceased K. C. Philip, have filed this appeal under Sec. 173 of the Motor vehicles Act, 1988 against the award dtd. 3/2/1999 passed by the Motor Accident claims Tribunal, Raipurin Claim Case No. 89/ 1997, as the Claims Tribunal has dismissed their claim petition filed under Sec. 166 of the said Act for payment of amount of compensation on account of death of k. C. Philip.

(2.) THE brief facts are that on 2/7/1997 k. C. Philip was going on his Luna bearing regn. No. M. P.-23-A/3443. When he reached near Vivekanand Ashram of township of raipur, a Truck bearing Regn. No. C. P. S. 9091 came from opposite side and dashed the Luna of Mr. Philip, who sustained many serious injuries and ultimately succumbed to those injuries. The claimants pleaded that k. C. Philip was working as Manager in Medical college branch of Indian Coffee House and was earning Rs.7045.00 per month along with some bonus. They computed the amount in their own way and claimed for payment of compensation to the tune of Rs.18.00 lakhs.

(3.) THE owner and the driver of the vehicle did not contest the claim. However, the insurance company filed its written statement denying the contentions of the claimants and pleaded that the accident occurred on account of negligence of the deceased himself. Alternatively it also pleaded vide Para 9 of the written statement that K. C. Philip was equally responsible for negligence to the extent of 50% in the said accident. Therefore, if the claimants are held to be entitled to receive the amount of compensation, only half of the quantum of compensation would be payable by the insurer.