REENA Vs. KANARAM

JUDGEMENT

(1.) Being aggrieved by the award dated 28.7.2011 passed by X MACT, Indore in claim case No. 98/2010 whereby the claim petition filed by the appellants for compensation on account of death of one Yogesh Rathore which took place on 18.12.2009 in a motor accident, was allowed and compensation was assessed as Rs. 4,16,000 out of which 50% was deducted on account of contributory negligence on the part of deceased and a sum of Rs. 2,08,000 was awarded, the present appeal has been filed.

(2.) Short facts of the case are that claimants/appellants filed a claim petition before the learned Tribunal alleging that on 18.12.2009 Yogesh was going on his motorbike and Dinesh was the pillion rider.

(3.) It was alleged that offending Trala which was being driven by respondent No. 1 rashly and negligently, was parked on the middle of the road of the bridge. It was alleged that there was no indicator, with the result in the night hours Yogesh met with the accident with the Trala and sustained injuries and consequently he died. It was prayed that claim petition be allowed and compensation be awarded. The claim petition was contested by respondent No. 3 on the ground that accident occurred because of negligence on the part of deceased himself. After framing of issues and recording of evidence learned Tribunal assessed the contributory negligence on the part of deceased @ 50% and awarded compensation of Rs. 2,08,000 against which the present appeal has been filed.