LAWS(CHH)-2018-2-117

DAYMANI Vs. JAMMURAM

Decided On February 06, 2018
Daymani Appellant
V/S
Jammuram Respondents

JUDGEMENT

(1.) The present is an appeal under Section 173 of the Motor Vehicles Act, 1988, filed by the appellant-claimants seeking for enhancement of the compensation awarded.

(2.) Challenge in the present appeal is to the award dated 27.3.2012 passed by the Second Additional Motor Accident Claims Tribunal, Jagdalpur at Kondagaon, in Claim Case No. 82/2011.

(3.) 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.2,05,000/- to the appellant-claimants with interest thereon at the rate of 6% per annum. While passing the award, the learned Tribunal had assessed the total compensation payable to the claimants at Rs.4,09,600/-, however, assessing the contributory negligence on the part of the deceased, his liability has been fixed at the rate of 50% of the compensation assessed, i.e., Rs.2,04,500/-, rounded off at Rs.2,05,000/-.