SULOCHNA Vs. RAJU

JUDGEMENT

(1.) Being aggrieved by the award dated 20.5.2011 passed by XVI MACT. Indore in claim case No. 206/2009 whereby the claim petition filed by the appellant for compensation on account of death of Jagdish Patel who died in a motor accident which took place on 5.11.2008 was allowed and learned Tribunal assessed the compensation @ Rs. 97.200/ - and deducted 50% on account of contributory negligence, present appeal has been filed.

(2.) Learned counsel for the appellant submits that findings of learned Tribunal regarding contributory negligence are illegal and deserves to be set -aside as the deceased was the passenger. It is submitted that appeal filed by the appellant be allowed and findings regarding contributory negligence be set -aside.

(3.) After hearing counsel for both the parties at length and keeping in view the fact that deceased was passenger therefore it was a case of composite negligence so far as appellant is concerned. In view of this, findings regarding contributory negligence cannot be allowed to sustain. Hence the appeal filed by the appellant is allowed and findings regarding contributory negligence stands set -aside. Appellant shall be entitled for the amount awarded by the learned Tribunal.