RAJ BALA Vs. PARVESH KUMAR

JUDGEMENT

(1.) By way of this appeal, the claimants-appellants have approached this Court for enhancement of compensation awarded to appellants-claimants by Motor Accident Claims Tribunal/Senior District Judge, Ghaziabad ('Tribunal', for short), vide judgment/award dtd. 12/5/2008 in M.A.C.P. No.204 of 2004 (Smt. Raj Bala And Others vs. Parvesh Kumar And Another) whereby claimants/appellants was awarded Rs.9,87,300.00, with 7% rate of interest as compensation.

(2.) Heard Shri Devendra Dhama, learned counsel for the appellants-claimants and Shri Pawan Kumar Singh for the respondents-Insurance Company. None appears for the owner.

(3.) The accident involving the vehicle, though denied by the driver in his evidence, has been held by the Tribunal to be involved in the accident and the finding of fact that the accident occurred on 11/2/2004 involving the vehicle insured by the respondents has attained finality. Secondly, the finding of facts that the deceased, namely, Suresh Chandra, aged about 46 years worked in Nagar Telephone Nigam Ltd, Tugalkabad, New Delhi and left his widow, two sons and a daughter are also not in dispute. The income of the deceased is also not in dispute. The twin questions raised for our consideration for which this Court is called upon to decide are findings of the Tribunal as to whether the deceased driving motorcycle was a contributor to the accident had taken place to the tune of 50% and whether the compensation awarded by the Tribunal was in consonance with the principles enunciated by the Apex Court in catena of decisions for computing compensation.