LAD KUNWAR Vs. SANJAY KUMAR

JUDGEMENT

(1.) THE Appellants are aggrieved of a judgment dated 10.06.2011 passed by the Motor Accident Claims Tribunal(the Claims Tribunal) whereby while awarding the compensation of Rs.3,75,000/ - in case of death of a minor(on the basis of the judgment of this Court in National Insurance Co. Ltd. v. Farzana, 2009 ACJ 2763), the Claims Tribunal opined that there contributory negligence on the part of the Appellants being the child's parents. Thus, 50% of the compensation was deducted towards contributory negligence.

(2.) IT is urged by the learned counsel for the Appellants that there was ample material available on the record to show that there was culpable negligence on the part of the First Respondent Sanjay Kumar, the driver of the Tempo No.DL -1LK -6067 and the Appellants cannot be said to have contributed to the Accident. The learned counsel for the Appellants has taken me through the affidavit Ex.PW1/A of Rajesh Kumar, the deceased's father, his cross -examination and also the site plan to urge that the accident took place not on a main road, but in a street where the offending vehicle took a sharp turn, came on the wrong side of the street and struck against the deceased and the right front wheel of the tempo ran over his body.

(3.) IN cross -examination, PW1 deposed as under: