RADHA Vs. RAMESH CHANDRA

JUDGEMENT

(1.) This appeal is filed by the appellants under Section 173 of the Motor Vehicles Act against an Award dated 24th March, 2006, passed by learned 1st Additional M.A.C.T., Indore in Claim Case No. 58/04. By the impugned Award, the Claims Tribunal has awarded a total sum of Rs. 62,500 with interest @ 6% arising out of an accident occurred on 25th November, 2003, causing death of Babulal. The Tribunal has also recorded a finding of contributory negligence because it is a case of head on collision of Motor Cycle and TATA-407 to the extent of 50-50 per cent.

(2.) Appellants had filed the claim petition under Sections 166 and 140 of the Motor Vehicles Act, seeking compensation to the tune of Rs. 25,96,000. It is pleaded by the claimants i.e. widow, kids, father and mother that the sole bread earner of the family has been died in the accident having his earning from agricultural filed, however, the compensation as prayed in the claim petition may be awarded.

(3.) The Insurance Company by filing their reply has disputed involvement of vehicle i.e. TATA-407 MP-13E-2131 on the pretext that lodger of F.I.R. Mesar Singh PW/3 pillion driver has not mentioned the number of offending vehicle in the F.I.R. The involvement of said vehicle was found as per the statement of PW/2 Ramprasad, whose statement was recorded by the police after one and half months. It is also stated that once the driver of the vehicle denies commission of said incident, in such circumstances, it cannot be accepted that the incident has been taken place by the aforementioned vehicle. The claims Tribunal found that the accident has taken place on 25th November, 2003 when the deceased Babulal driving the motor cycle bearing registration No. M.P. 09 JS-7539 going from Depalpur to Village Nevari along with Maser Singh. At that point of time TATA-407 was coming from opposite side, collided with the said motorcycle, wherein Babulal has died and Mesar Singh has received injuries. Relying upon the statements of PW/2 Ramprasad, it is held that the offending vehicle was the TATA-407 bearing registration No. TATA-407 MP-13E-2131, which caused accident. Simultaneously the Tribunal has further recorded the finding of contributory negligence because it is a case of head on collusion of motor cycle with the offending vehicle. The Tribunal accepted the notional earning of deceased Rs. 15,000 and after deducing l/3rd and applying the multiplier of 12 determined the compensation and granted a sum of Rs. 1,20,000 in the head of loss of dependency and Rs. 5,000 in conventional head, out of which 1/2 compensation by virtue of contributory negligence has been deducted and directed to pay a sum of Rs. 62,500 along with interest.