SUKHPAL SINGH Vs. SAMARU YADAV

JUDGEMENT

(1.) The unfortunate claimants/appellants have filed this instant appeal challenging the legality and validity of the impugned award dated 16/01/2012 passed by learned Chief Motor Accident Claims Tribunal, Janjgir-Champa (C.G.) (in short 'the Claims Tribunal') in Motor Accident Claim Case No.01/2011, whereby the learned Claims Tribunal has passed an award of Rs. 7,31,750/- and directed for deducting 50% of the amount towards contributory negligence of the deceased. The liability has been fastened upon respondents No.1 and 2 i.e. owner and driver.

(2.) Brief facts of the case are that on 03/10/2010, at about 10.00 P.M. on Dabhra Chandrapur Road, the motorcycle of deceased dashed with the Mini Truck bearing registration No. CG11/AB/0455 which was parked on road without liting parking lights. In the aforesaid accident, deceased Sourabh Singh, aged about 23 years, sustained grievous injuries on his person and during the course of treatment; he succumbed to injuries on 11/10/2010, at Ram Krishna Care Hospital, Raipur. The appellants/claimants who are parents of deceased have filed claim application for grant of compensation on account of untimely death of their son in motor accident and claimed Rs. 20,30,337/- as total compensation from the respondents.

(3.) The respondents No. 1 & 2 submitted their reply to the claim application and stated that the accident did not occur due to their negligence and further that the respondent No.1 had parked his vehicle (Mini Truck) by the side of road and the deceased Sourabh Singh met with an accident due to his own negligence. Further, they have pleaded that the vehicle on the date of accident was insured with the respondent No.3, therefore, asked for their exoneration from payment of any compensation, if awarded.