ROOPABAI Vs. KANHAIYALAL, S/O JAGDISH

JUDGEMENT

(1.) FEELING aggrieved by the award dated 27.2.2001 passed by learned Second Member, Motor Accident Claims Tribunal, Raisen in MCC No.05/2000, this appeal has been filed by the claimant for enhancement of the award.

(2.) NO exhaustive statements of fact are required to be narrated for the purpose of disposal of this appeal. Suffice it to say that a claim application under Section 166 of the Motor Vehicles Act, 1988 ( for short, the Act) was filed by claimants namely Smt. Roopabai/appellant, Smt. Haribai, Shri Narbada Prasad and Smt. Ajuddibai. Indeed, appellant/claimant no.1 Roorabai is the widow of deceased Ghasiram while Smt. Haribai claimant no.2 is the second wife of the deceased. Narbadad Prasad (respondent no.6) whose name has been deleted from the memo of appeal was the father of the deceased while Smt. Ajuddibai is the mother of the deceased.

(3.) THE learned Tribunal found that deceased Ghasiram who was driving the jeep was also responsible for the accident and found that the case is of a contributory negligence and has fastened the liability by apportioning 60% to the Insurer while 40% upon the deceased and has assessed that claimants are entitled to Rs. 2,40,000/- and by apportioning the same, has directed the Insurer to deposit 60% of the total award along with interest @ 12% p.a.