SHYAMO Vs. PIPAL SINGH

JUDGEMENT

(1.) By present appeal, the appellant/claimant assailed award dated 30th September, 1993 whereby the learned Tribunal held that the deceased taxi driver was equally responsible for the accident and held it to be a case of contributory negligence, 50% on the part of the taxi driver and 50% on the part of the truck driver. The Tribunal arrived at a total compensation of Rs.1,35,000/- and held that the liability of the Insurance Company would be limited to pay 50% of this amount due to contributory negligence of the deceased. Apart from that, the Tribunal also observed that the liability of the Insurance Company was limited to Rs.50,000/- only.

(2.) The award is assailed on the question of quantum of compensation awarded by the Tribunal, on the issue of contributory negligence and on the issue of limited liability of the Insurance Company.

(3.) Brief facts relevant for the purpose of deciding this appeal are that the taxi No. DLT-5158 being driven by Ram Pal met with an accident on 13th March, 1980 with truck No. HRD-8789. Ram Pal was taking his taxi from Palam Airport to Punjab with four passengers in it and accident took place when he was on GT Road at outskirts of Delhi. The Claim Petition was filed by parents of Ram Pal only. His wife did not prefer claim petition and was made as respondent no.5. Despite service of notice she did not appear and was proceeded ex parte.