MAYABAI Vs. PADAM SINGH

JUDGEMENT

(1.) Heard.

(2.) Being aggrieved by award dated 19.8.2003 passed by M.A.C.T. Mandsaur in Claim Case No. 5 of 2002 whereby claim case filed by appellant was allowed and on account of loss of dependency, compensation was assessed at Rs. 5,46,000 by the learned Tribunal and after deducting half of the amount on account of contributory negligence, a sum of Rs. 2,85,000 was awarded, present appeal has been filed.

(3.) Learned counsel for the appellants argued at length and submits that while Laxmandas was going on his motorbike, he met with an accident with a vehicle bearing registration No. MP 14-G 3358 driven by respondent No. 1, owned by respondent No. 2 and insured with respondent No. 3 which was coming from the opposite direction. It was alleged that because of rash and negligent driving of respondent No. 1, accident occurred in which Laxmandas died. It is submitted that liability of respondent No. 3 was not disputed as the offending vehicle was insured with the respondent No. 3. It is submitted that after framing of issues and recording of evidence learned Tribunal has deducted half of the amount towards contributory negligence which is illegal, incorrect and deserves to be set aside. It is submitted that in the facts and circumstances of the case, no amount could have been deducted towards contributory negligence as the respondent No. 1 himself has admitted that the accident occurred because respondent No. 1 was trying to save the vehicle from pits. It is submitted that criminal case was registered against respondent No. 1. It is submitted that appeal be allowed and the impugned award passed by the learned Tribunal be modified.