RAMPAL SINGH Vs. RASHID KHAN

JUDGEMENT

(1.) This appeal is by the claimants against the award dated 19.05.2017 passed by the Additional Motor Accident claims Tribunal, Raipur, District Raipur, C.G. in Claim Case No.45/2012 awarding total compensation of Rs. 3,59,100.00 with interest @ 6 per annum from the date of application till realization, fastening liability on the non-applicant no.3. In fact, the Tribunal assessed the total compensation of Rs.5,13,000.00, however, considering the contributory negligence of the deceased to the extent of 30%, after deducting to that extent from the said amount, the Tribunal awarded Rs.3,59,100.00.

(2.) As per claim petition, on 31.05.2010 deceased Deepak Singh, 28 years, earning Rs.10,000.00 per month working as Doctor-cumPathelogist by profession along with his Aunt Chandrawati and Niece Ankita was going on motorcycle bearing registration no. CG-DL-7456 from Simga to his residence, however, on the way he dashed the standing vehicle Truck bearing registration no. CG04-JA-1074, as the said Truck was parked on the road in a negligent manner without parking light or indicator. The offending vehicle was owned by non-applicant no.2 and insured with nonapplicant no.3.

(3.) On claim petition being filed by the claimants under Sec. 166 of the Motor Vehicles Act, the Tribunal considering the evidence led by both the parties passed an award as mentioned above.