SUSHILA DEVI Vs. YOGESH SINGH

JUDGEMENT

(1.) THE Appellants who are the legal heirs of deceased Lal Bahadur Singh who died in a motor vehicle accident which occurred on

(2.) 07.2003, take exception to a judgment dated 29.10.2010 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby while awarding a compensation of Rs.3,86,000/-, deduction of 50% was made on the ground that the deceased was sitting in the vehicle whose driver was also negligent for causing the accident. In other words, it was held that there was contributory negligence and thus, the Respondent National Insurance Company Limited was required to pay a compensation of Rs.1,93,000/- as against the compensation of Rs.3,86,000/- payable to them. 2. Following contentions are raised on behalf of the Appellants:-

(3.) IT may be noticed that PW-2 Mahesh Singh was empathic that the offending truck No.MP-20G-7500 was being driven rashly and negligently and in a zigzag manner, while the truck in which the deceased was sitting, was parked on the left side of the road. This part of PW-2's testimony was not challenged in cross-examination. Unfortunately, the Claims Tribunal held both the drivers to be responsible for the accident on the ground, inter alia, that PW-2's signatures were not appearing either on the inquest proceedings or on any other paper prepared by the police. It was also observed that PW-2 could not give the name of the driver. It is important to note that PW-2's presence at the spot was not disputed. Thus, from PW-2's testimony, it was established that the accident was caused on account of rash and negligent driving of truck No. MP-20G-7500 by its driver Inderjeet Singh, who also died in the accident.