SOHAN THAKUR Vs. ANIL KUMAR

JUDGEMENT

(1.) By way of this judgment it is proposed to dispose of two appeals arising under the Motor Vehicles Act, 1988 (for short 'the Act') viz., MAC App. No. 482/2007 Sh. Sohan Thakur vs. Anil Kumar and Ors. and MAC App. No. 483/2007 Smt. Shobha Sharma vs. Anil Kumar and Ors. Both the appeal arises out of the same judgment and award dated 2 nd April, 2007 relating to a motor vehicular accident which had taken placed on 2 nd December, 2002 within the jurisdiction of police station Sadar Rajpura, Punjab.

(2.) The facts relevant for the disposal of both the appeals are as follows:

(3.) Two claim petitions were instituted, one by the driver of the car-Sohan Thakur, the appellant in MAC App. No. 482/2007 and the other by the legal representatives of the deceased Kuldeep Sharma, being MAC App. No. 483/2007. In the written statements filed by the driver, owner and insurer of the offending truck, the factum of accident was categorically denied, and consequently the liability to pay compensation by the respondent no.3, Insurance Company. Both the cases proceeded to trial and after considering the evidence adduced on record, the Motor Accident Claims Tribunal held that it was clear from the evidence that the car driver had run into the truck which had almost crossed by taking a U-turn and thus, the car driver was also negligent and blameworthy. The liability of the car driver was assessed at 20% while that of the truck driver was fixed at 80%. Thus, the learned Motor Accident Claims Tribunal while fixing the quantum of compensation payable to the appellant, Sohan Thakur, after assessing him to be entitled to a total compensation of 1,07,332/- deducted 20% towards contributory negligence and held the net compensation payable to be in the sum of 85,866/- with interest @ 7.5 % p.a. from the date of the filing of the petition till the date of award.