ALOK KUMAR ASTHANA Vs. JAI PAL

JUDGEMENT

(1.) THE Appellants challenge the judgment dated 03.01.2011 whereby the Motor Accident Claims Tribunal (the Tribunal) while holding that a compensation of Rs. 3,75,000/- was payable to the claimants, restricted the same to Rs. 1,87,500/- on the ground that there was contributory negligence on the part of the deceased who was a minor aged only 12 to 13 years.

(2.) LEARNED counsel for the Appellants relies on a judgment of the Supreme Court in Sudhir Kumar Rana v. Surinder Singh & Ors., 2008 (12) SCC 436 and submits that there is no presumption in law that a minor would be negligent or that a person who drives a vehicle without licence would always be negligent. There is no dispute with the proposition of law laid down in Sudhir Kumar Rana.

(3.) THE Tribunal's finding that the deceased himself facilitated and contributed to the accident and accordingly reducing the compensation payable to 50%, cannot be faulted.