NARESH KUMAR ETC Vs. SATENDER KUMAR ETC

JUDGEMENT

(1.) The appeal is directed against the judgment dated 24.03.2011 passed by the Motor Accident Claims Tribunal(Claims Tribunal) whereby compensation of Rs.5,08,760/- was awarded in favour of the Appellants for the death of their bachelor son Yogesh Kumar @ Sonu who suffered fatal injuries in a motor vehicular accident which occurred on 26.11.2006.

(2.) There is twin challenge to the judgment. First, that the Claims Tribunal erred in holding that there was contributory negligence on the part of the deceased and second, that the compensation towards non-pecuniary damages is on the lower side.

(3.) The learned counsel for Respondent no.3, however, supports the judgment. She urges that the bus bearing no.DL-1PB-3441 was parked on the extreme left side of the road. The motorcyclist was himself negligent and dashed against the stationary bus. It was thus, evident that the Claims Tribunal rightly held 50% contributory negligence on the part of the deceased. It is argued that the compensation awarded is just and reasonable.