SMT. KUSUMA DEVI Vs. SHRAWAN KUMAR MISHRA

JUDGEMENT

(1.) By way of this appeal, the claimants have challenged the judgment and award dtd. 5/9/2017 passed by Motor Accident Claims Tribunal/Additional District Judge, Court No.12, Kanpur Nagar (hereinafter referred to as ''Tribunal') in M.A.C.P. No.926 of 2014 (Smt. Kusuma Devi and Others Vs. Shrawan Kumar Mishra and Others) awarding sum of Rs.17,13,000.00 as compensation to the claimants with interest at the rate of 7% per annum.

(2.) Heard Mr. Shyam Narain Pandey, learned counsel for the appellants and Mr. Pawan Kumar Singh, learned counsel for the respondent-Insurance Company. Perused the record.

(3.) The accident is not in dispute. The driver of the said vehicle was having valid and effective driving licence on the date of accident is also a decided fact. The vehicle being insured and there being no breach of policy condition is a finding, which has attained finality. The Insurance Company Ltd. (hereinafter referred to as "Insurance Company") has not challenged the liability on it. In this case, learned Tribunal has fixed 45% contributory negligence of the deceased which the appellants have objected vehemently and argued this point along with quantum fixed by learned Tribunal.