ORIENTAL INSURANCE COMPANY LIMITED Vs. VANITA KUNVAR

JUDGEMENT

(1.) The present appeal arises against the judgment and order dated 9th January, 2010 passed by the Tribunal in MACP No. 319 of 2006, whereby the compensation has been awarded of Rs. 8 lac with interest at the rate of 7.5% per annum. The short facts of the case appear to be that on 13th April, 2006 at about 12.30 hours in the night, the husband of the applicant-deceased Madhusinh, when he was going on motorcycle bearing Registration No. GJ-1-DP-5380 at the place just opposite to Mangal Jyot Flat situated on Jodhpur village road, Ahmedabad, one Tata- 407 No. GJ-1-AU-3338 came with full speed and took a 'U' turn, which resulted into the accident and the deceased fell down from the motor cycle, sustained injuries and ultimately succumbed to the injuries. The Claim petition was filed in MACP No. 319 of 2006 for the compensation of Rs. 25 lac initially, which was enhanced to Rs. 36 lac. The Tribunal, as referred to hereinabove, ultimately passed the judgment and award. It is under these circumstances, the present appeal before this Court.

(2.) We have heard Mr. Mehta, learned Counsel appearing for the Appellant and Mr. Adeshra, learned Counsel for the original claimants.

(3.) The only contention raised by the learned Counsel appearing for the Appellant is on the aspects of negligence and on contributory negligence. It was submitted that when as per the evidence of the driver, he had given signal while taking 'U' turn and the damage to the metador was on the backside, it could not be said to be a case of only 20% negligence but such negligence ought to have been attributed by the Tribunal to 50% of the deceased. It is submitted that there is an error committed by the Tribunal which deserves to be interfered within the present appeal.