PRAMILA DEVI Vs. RAM BALI

JUDGEMENT

(1.) This is an appeal under section 173 of Motor Vehicles Act against the order of the Tribunal dated 23.8.2006 filed by the claimant by which the Tribunal has awarded a sum of Rs. 2,58,920/- towards compensation. The appeal is for the enhancement of the compensation.

(2.) Heard Sri Vidya Kant Shukla, learned Counsel for the appellant and Sri Pankaj Rai, learned Counsel appearing on behalf of the respondent No. 2.

(3.) Learned Counsel for the appellant submitted that the Tribunal has erred in arriving at the conclusion that there was the contributory negligence both on part of the deceased and on part of the driver of the motor cycle and held that both were equally responsible for the accident. He submitted that the accident has been fully caused on account of the rash and negligent driving by the driver of the Motor cycle. He further submitted that he was the employee in Arms Factory and his total salary was Rs. 12,113/- out of which a sum of Rs. 6308/- has been deducted by the employer and a net amount payable was Rs. 5805/-. The Tribunal has erred in taking the net amount of salary Rs. 5805/- for the purposes of computation while the gross amount should be adopted.