AWDHESH KUMARI Vs. HARISHCHANDRA

JUDGEMENT

(1.) This miscellaneous appeal under Sec. 173 (1) of Motor Vehicle Act is filed challenging the award dtd. 1/8/2015 passed by Additional Motor Accident Claims Tribunal, Lahar, District Bhind in Claim Case No.53/2014.

(2.) The necessary facts for disposal of the present appeal in short are that on 10/9/2014 at about 6:30 pm deceased Mahendra was returning from Lahar to his home by motorcycle on his own side and as he reached near Shankar Petrol Pump, Bhind Bhander Road, PS Lahar, a bus driven rashly and negligently by respondent/non-applicant No.1 bearing Registration No.MP30-P-0153 hit the motorcycle of the deceased. On account of which, Mahendra sustained grievous injuries and died on spot. A criminal case was registered against the driver of the said bus vide crime No.200/2014 and Merg No.31/2014 under Sec. 174 of Cr.P.C. was also registered. After enquiry under Sec. 174 of Cr.P.C., FIR was registered and after investigation, a criminal case under Sec. 304-A of IPC was filed against the respondent/non-applicant No.1.

(3.) The Claims Tribunal has found that the accident has occurred and in the accident Mahendra died. However, learned Tribunal has also opined that the deceased was also negligent and due to his contributory negligence, the accident occurred. Learned Tribunal has found the percentage of negligence as 30 % and accordingly evaluated the compensation amount.