NATIONAL INSURANCE COMPANY LTD Vs. URMILA SINGH

JUDGEMENT

(1.) Heard learned Counsel for the appellant and perused the record. This first appeal from order is directed against award dated 12.8.2013 passed by the Motor Accident Claims Tribunal, Allahabad in Claim Petition No. 804 of 2011 awarding to the claimant wife and son a sum of Rs. 7,67,864/- apart from interest on the death.

(2.) Learned Counsel for the appellant has firstly urged that it was a head-on collision and, therefore, the Tribunal should have apportioned the negligence upon the deceased to the extent of 50%. This aspect has been considered by the Tribunal in detail. After going through the evidence on record, it found that the offending Qualis vehicle had come to its right and dashed against the motor cycle of the deceased which was on the left side of the road. The Tribunal also relied upon the site plan prepared by the police. In the opinion of the Court, the Tribunal was fully justified in relying upon the evidence on record and entering the finding that the deceased was not guilty of any negligence.

(3.) It is then urged that the wife of the deceased is drawing more family pension than the deceased and, therefore, there was no loss of earning and the Tribunal has erroneously awarded compensation under this head.