SUKHIRAM @ SUKHIYA Vs. SRIKRIT DAS MANIKPURI

JUDGEMENT

(1.) The present appeal under Section 173 of the Motor Vehicles Act has been filed by the claimants seeking enhancement of compensation against the award dated 20.10.2011 passed by the Ist Additional Motor Accident Claims Tribunal Bilaspur, in Claim Case No.189 of 2010. Vide the said impugned award, the Tribunal in a death case, after assessing contributory negligence of 50 percent of the deceased, has awarded a compensation of Rs.80,000/- along with interest @ 9 percent per annum from the date of application.

(2.) The contention of the appellants is that the findings of the Tribunal is erroneous as the quantum of compensation awarded is on the lower side. He further submits that the findings of contributory negligence is also not sustainable as there was no evidence to reach to the conclusion that there was a contributory negligence and thus prayed for setting aside of the award and the quantum of compensation be suitably modified and also to set aside the findings of the contributory negligence.

(3.) Per contra, learned counsel for the respondent-insurance company opposing the appeal submits that there is a clear finding of contributory negligence showing that at the time of accident the deceased was travelling on a motorcycle with two pillion riders as such three persons were travelling on a motorcycle which was otherwise not permissible under Section 128 of the Motor Vehicles Act. Accordingly, he submits that the findings of contributory negligence stands proved and the said finding does not warrant any interference.