DIVISIONAL CONTROLLER Vs. PARVATIBAI WD/O BUDDULAL PRAJAPATI

JUDGEMENT

(1.) This first appeal is preferred against the judgment and order dated 4th August, 2015 rendered in Claim Petition No.677/1998 by the Motor Accident Claims Tribunal, Nagpur.

(2.) The accident in this case had taken place on or about 6.45 p.m. on 04.04.1997 at Tulani Bus Stop of Ordnance factory, Nagpur. In the accident, the husband of respondent no.1 and father of respondent nos. 2 and 3 suffered grievous injuries to which he succumbed almost immediately at the spot of accident. It was alleged that the accident occurred when the deceased, one Buddulal, was trying to board the City Bus bearing registration No. MH12/R 1124, when another City Bus bearing registration No. MH12/F8442 came from behind and knocked down deceased Buddulal. The rashness and negligence was alleged against the drivers of both these city buses. Accordingly, a petition claiming compensation under Section 166 of the Motor Vehicles Act, 1988 was filed by the respondents. On merits of the case, the tribunal found that even though, the respondents were liable to receive the compensation, total amount of compensation which was computed to be at Rs.7,65,000/ was required to be reduced by half, on account of contributory negligence in equal measure on the part of the deceased - Buddulal and thus the tribunal further found that claimants were entitled to receive compensation of Rs.3,82,500/ only, and same was granted to them with interest payable from the date of petition till realization.

(3.) I have heard Shri Charpe, learned counsel for the appellant. None appears on behalf of respondents though duly served on merits. I have also gone through the record of the case including the impugned judgment and order. Now, the only point which arises for my determination is,