ORIENTAL INSURANCE CO. LTD Vs. NIRMALA

JUDGEMENT

(1.) THE Cross -Objections filed by Respondents No. 1 and 2 be registered as MAC APP. No. 1151/2012. These two Appeals arise out of a judgment dated 04.10.2010 whereby a compensation of Rs. 3,75,000/ - was awarded in favour of Respondents No. 1 and 2 for the death of a minor Master Jeetu in a motor vehicle accident which occurred on 11.5.2007.

(2.) FOR the sake of convenience, the Appellant in MAC APP No. 869/2010 shall be referred as the Insurance Company and the Cross -Objectionist/Appellants in MAC APP No. 1151/2012 shall be referred as the Claimants.

(3.) ON appreciation of the proceedings, the Claims Tribunal found that the accident was caused on account of rash and negligent driving of the tractor by Respondent No. 3. The Claims Tribunal further held that Master Jeetu also contributed to the accident as he being a child of nine years could not handle the cycle having the height of 22 inches. Thus, the Claims Tribunal held that the deceased also contributed to the accident to the extent of 50% and reduced the compensation by 50%.