MEGHRAJ SETHI Vs. SUNITA JITENDRANATH

JUDGEMENT

(1.) The appeal has been preferred against the judgment and award of the Motor Accident Claims Tribunal dated 21.7.1989 in Application No. 325 of 1987.

(2.) The facts giving rise to the present appeal are as follows:

(3.) The claimants filed an application before the Motor Accident Claims Tribunal claiming compensation of Rs. 10 lakh. It was contended that the driver of the car had driven the car in a rash and negligent manner without honking. According to the claimants, the deceased was thrown to a distance of 10' from the point of impact. It was contended that the driver who had the last opportunity to avert the accident had not kept a proper lookout nor taken proper precautions to avert the accident. The owner of the car filed a written statement contending that the accident occurred because of the negligence on the part of the deceased and not the driver. It was contended that the deceased was crossing without paying heed to the traffic signal and was not crossing at the zebra crossing. The respondent, therefore, pleaded that there was contributory negligence on the part of the deceased. The Insurance Company did not care to contend anything further than what was stated in the written statement. It conceded that the car was insured with the company on the date of the accident.