RAM JAGAT MISRA Vs. NEERA DEVI

JUDGEMENT

(1.) Heard Shri R.S.Pande learned Senior Advocate alongwith Shri Virendra Bhatt, learned counsel for the appellants and Shri Pradeep Shukla for the claimant-respondents.

(2.) The instant appeal has been preferred under Section 173 of the Motor Vehicles Act, 1989 against the award dated 25.01.2005 passed by Motor Accident Claims Tribunal/Additional District Judge, Court No.1, Sultanpur in Motor Accident Claim Case No.67 of 2002 whereby the tribunal has awarded a sum of Rs.1,87,000/- alongwith 6% interest in favour of the claimant-respondents no.1 to 4 and the liability has been equally fixed on the appellants and respondents no.5.

(3.) The submission of the learned Senior Advocate is that there was no material on record by which it could be ascertained that a case for contributory negligence was made out. It has further been submitted that there was major contradictions in the statement which were available before the Court; inasmuch as one of the witnesses did not even identify the tractor belonging to the appellants to be present at the site. It has further been submitted that even in a worse case scenario the evidence is considered, it would only indicate that if the tractor was present. However, there was no evidence to the effect that the driver of the tractor was in any manner negligent and as such the finding returned by the tribunal on the question of contributory negligence and that too apportioning 50% of the compensation on the appellants, is not justified.