NARSHARATKHAN ANVERKHAN PATHAN Vs. NUREJEHAN

JUDGEMENT

(1.) This first appeal has arisen from M.A.C.T. Application No. 129 of 1981 decided on 31-12-1982 by the Motor Accident Claims Tribunal (Main), Ahmedabad (Rural). Under the impugned award Rs. 76,500.00 was awarded towards compensation to the dependents of deceased Ahmedmiyan Rasulmiyan who died in the vehicular accident on 10th October, 1980. The facts of the case are that on 10-10-1980 at about 8-30 to 9-00 a.m., deceased Ahmedmiyan Rasulmiyan was proceeding on his cycle on Isanpur-Chandola Road from Insanpur side to Chandola side. At that time, bus No. GTA 8347 belonging to Ahmedabad Municipal Transport Service was arriving from opposite side on its way from Isanpur to Lal Darwaja. The bus dashed against the cyclist, knocking him down, as a result of which he received serious injuries and succumbed to the same at L.G. Hospital on the same day.

(2.) The respondents-claimants filed claim application before the Motor Accident Claims Tribunal, Ahmedabad (Rural) and claimed Rs. 90,000.00 as compensation under different heads. The appellants herein contested the claim application both on the ground of contributory negligence as well as quantum of amount of compensation claimed. The appellants have come up with the case that the deceased himself was negligent in this case to the extent of 50%. On quantum of compensation the case of the appellants was that the income which was stated to have been earned by the deceased has not been established. The learned Tribunal in its judgment and award has taken the contributory negligence of the deceased at 10% and accordingly out of the total amount of compensation awarded to the claimants, 10% has been deducted. For the purpose of calculation of compensation, income of the deceased was taken at Rs. 450.00 per month. Dependency benefit was taken to be Rs. 370/- per month. Applying the multiplier of 18, Rs. 79,920.00 was awarded towards compensation. For loss of expectancy of life the Tribunal awarded Rs. 5,000.00. Thus, out of the total compensation of Rs. 85,000.00 10% was deducted towards contributory negligence and as such net amount of Rs. 76,500.00 was awarded towards compensation. The Tribunal further awarded interest on the amount of compensation at the rate of 6% per annum and proportionate cost. Hence this appeal before this Court.

(3.) Learned Counsel for the appellants, so far as the amount of compensation is concerned, has not challenged the same. He raised only one contention that looking to the facts of the case the Tribunal has committed serious illegality in determining the negligence of the deceased only of 10%. According to him, negligence of the deceased should have been taken to the extent of 50%. On the other hand the Counsel for the respondents contended that after taking into consideration the evidence of both the parties the Tribunal has reached to just and reasonable conclusion that the contributory negligence of the deceased was 10% and it is a finding of fact in which this Court may not interfere.