UNION OF INDIA Vs. RAJIV KUMAR SRIVASTAVA

JUDGEMENT

(1.) This appeal has been filed by Union of India through the Secretary, Ministry of Defence, New Delhi, being aggrieved against the judgment and award dated 28.3.2001 passed by the Motor Accident Claims Tribunal/Additional District Judge, Allahabad in MACP No. 31 of 1999, Rajiv Kumar Srivastava v. Union of India, awarding compensation to the tune of Rs. 9,50,000/- with 10% interest to the respondent inter alia on the ground that the compensation which has been awarded in favour of respondent is excessive and also that the Tribunal has not calculated the compensation as contemplated under law.

(2.) Learned counsel for the appellant Sri Subodh Kumar submits that the compensation is excessive and, therefore, same is required to be taken into consideration by this Court. Learned counsel for the appellant has tried to dispute the award on the ground that the injured was not wearing helmet, as such, it amounted to contributory negligence and accident in question has not taken place with the vehicle in question, which has been stated in the claim petition.

(3.) The argument of the learned counsel for the appellant has to be tested in the light of the evidence adduced by the parties and finding recorded by the Tribunal.