VIDHYA DEVI Vs. GOVIND

JUDGEMENT

(1.) By the consent of the parties, case is finally heard. Being aggrieved by the award dated 8.5.2012 passed by Fifth Additional Member, Motor Accidents Claims Tribunal, Indore in Claim Case No. 49 of 2011, this appeal has been preferred by the claimants seeking enhancement and to assail the finding of contributory negligence to the extent of 50:50.

(2.) As per the claim averments, on 19.5.2008 at about 11.30 in the night near Khandesh Chemical Factory at Songir, a Maharashtra vehicle owned by respondent No. 1 mini truck bearing registration No. MH 18-M 5653 driven by respondent No. 2 rashly and negligently dashed deceased Ashok. The legal heirs of deceased have filed claim petition seeking compensation to the tune of Rs. 21,00,000 under section 166 of the Motor Vehicles Act.

(3.) The Claims Tribunal recorded a finding of contributory negligence of the driver of the car wherein the deceased was sitting and also the driver of mini truck Thus, as per such finding, from the total compensation of Rs. 6,92,000, Rs. 3,46,000 has been directed to be paid to the legal heirs of the deceased.