LAXMIBEN Vs. MITTAL COLD STORAGE PVT LTD

JUDGEMENT

(1.) THE appellants herein have challenged the award dated 02.12.1996 passed by the Motor Accident Claims Tribunal (Main), Panchmahals at Godhra in Motor Accident Claims Petition No. 293 of 1990 so far as the Tribunal awarded only Rs.1,07,250/- as compensation with interest and costs after apportioning contributory negligence of 50% on both the truck drivers.

(2.) IT is the case of the appellants that on 04.07.1989 while Shri Devisinh was driving truck bearing registration No. MKM 1854 near outskirts of village Vadbara, another truck bearing registration no. MKO 9078 which was being driven by the original opponent no. 1 in a rash and negligent manner dashed the front portion of the truck no. MKM 1854 by its own rear portion. As a result of the said collision the driver of the truck no. MKM 1854 sustained injuries and finally succumbed to those injuries. The legal heirs therefore filed claim petition for compensation to the tune of Rs. 3,30,000. The Tribunal after hearing the parties passed the aforesaid award. Mr. Hiren Modi, learned advocate appearing for the appellants submitted that the Tribunal erred in holding that the deceased had 50% contributory negligence and that the Tribunal ought to have held that the drive of truck no. MKO 9078 was fully responsible and negligent for the accident.