VIBHA DEVI Vs. PARAMJEET SINGH

JUDGEMENT

(1.) This appeal is filed by the appellant under section 173 of the Motor Vehicles Act against an award dated 9.3.2006 passed by learned 13th Additional MACT, in claim case No. 193/2005. By the impugned award, the Claims Tribunal has awarded a total sum of Rs. 3,40,064/- but on account of recording the finding of contributory negligence, 50% of the amount has been deducted while making the payment of said compensation and the said has been paid @ 6% from the date of filing of the application.

(2.) Appellant had preferred a claim petition under section 166 of the Motor Vehicles Act, seeking compensation to the tune of Rs. 8,00,000/-.

(3.) Shri Bhaskar Agrawal, learned counsel for the Insurance Company, has vehemently argued in support of the finding recorded by the Tribunal and contends that it is the deceased who was negligent to stand up on the footrest of the driver of the vehicle. However, in the facts and circumstances of the case, the finding of contributory negligence has rightly been recorded by the Tribunal and the compensation has rightly been awarded by the Tribunal and not liable to be enhanced.