KRISHNA PRASAD TIWARI Vs. PRAMOD KUMAR YADAV

JUDGEMENT

(1.) Heard Sri Ram Singh, learned counsel for the claimants/appellants and Sri Arun Kumar Shukla, learned counsel for the respondents.

(2.) The claimants/appellants being dissatisfied with the quantum of compensation have preferred the present appeal with a prayer for enhancement of compensation.

(3.) Learned counsel for the claimants/appellants has contended that finding of the Tribunal that since the deceased was not having a valid driving licence to drive the motorcycle, therefore, there was some negligence of the deceased in the accident is perverse and against the record inasmuch as there was no evidence on record to prove the negligence of the deceased in the accident. It is further submitted that claimants/appellants had produced eye witness of the accident P.W.2 Ram Vilas Mishra, who proved the negligence of the driver of the offending vehicle namely Bus No.U.P.-70-CT-4080, and thus, finding of the Tribunal in respect of negligence of the deceased is not sustainable in law.