NEELAM SIKKA Vs. UNITED INDIA INSURANCE CO LTD

JUDGEMENT

(1.) THE Appellant Neelam Sikka impugns a judgment dated 04.05.2010 passed by the Motor Accident Claims Tribunal(the Claims Tribunal) whereby while holding that the Appellants were entitled to the compensation of Rs.20,90,160/-, deducted 80% thereof as the Claims Tribunal held the deceased Ajay Kumar Sikka to have contributed to the accident by his negligence to the extent of 80%.

(2.) IT is urged that had the tanker No.GJ-12U-9687 not been parked carelessly and negligently, the accident would not have taken place and thus the Claims Tribunal erred in apportioning contributory negligence to the extent of 80% on the deceased. It is urged that in any case the deceased cannot be said to be negligent to the extent of more than 50%.

(3.) IN Raj Rani and Ors. v. Oriental Insurance Co. Ltd. and Ors., (2009) 13 SCC 654, the offending vehicle had been parked in the middle of the road and contributory negligence of 50:50 was attributed to the driver of the parked vehicle as well as to the deceased. In the circumstances of the case, in my view both, the driver of the tanker No.GJ-12U-9687, which was parked on kachcha road as well as pucca road, and the deceased driver of Accent Car No.UP-32AS- 7200 equally contributed to the accident. The Claims Tribunal erred in holding the deceased liable to the extent of 80%. Thus, the Appellant would be entitled to 50% of the compensation amount of Rs.20,90,160/- assessed by the Claims Tribunal i.e. Rs. 10,45,080/-. The enhanced compensation of Rs.6,27,048/- shall carry interest @ 7.5% per annum.