SHEELA PAIKARA Vs. SHEIKH MEHBOOB KHAN

JUDGEMENT

(1.) The claimants/appellants, being unfortunate wife, daughter, son and mother of the deceased and dependants on the deceased Pandey Singh Paikara who died in a motor accident occurred on 11-11-2008, have preferred this appeal under Section 173 of the Motor Vehicle Act, 1988 against the award dated 9-4- 2014 passed by the Additional Motor Accident Claims Tribunal, (FTC), Korba (CG) in Claim Case No. 85 of 2013, wherein the said Tribunal awarded compensation of Rs. 6,90,500/- .

(2.) As per case of the claimant/appellants, on 11-11-2008 deceased along with his wife Smt. Sheela Paikara was going in a motorcycle bearing registration No. CG-12-4904 by driving the same towards main road Champa, at the same time the bus bearing registration No. CG -12 -9836 dashed the said vehicle as the driver of the said bus who is respondent No.1 was driving the vehicle negligently resulting in instantaneous death of said Pandey Singh Paikara.

(3.) The Claims Tribunal after recording the evidence and after hearing both the parties, decided that the deceased was also negligent as per evidence of Pradeep Kumar Agrawal (NAW3) and the vehicle Minibus was driven by respondent No.1 who was not having a driving licence to drive the transport vehicle, therefore, the Insurance Company is not liable to pay compensation, but the owner of the bus who is respondent No.2 herein is liable to pay compensation. After recording the finding of contributory negligence, the Tribunal calculated 50% negligence on the part of deceased and awarded 50% sum of the total assessment i.e., Rs. 13,80,852.90 and awarded a sum of Rs. 6.90,500/ against owner/respondent No.2.