SUNEETA Vs. RAJENDRA

JUDGEMENT

(1.) Being aggrieved by the award dated 29.11.2011 passed by XVI MACT, Indore in claim case No. 30/2010 whereby the claim petition filed by the appellant was allowed and compensation of Rs. 4,22,580/ - was assessed on account of death of one Jitendra, out of which 50% was deducted on account of contributor)' negligence and a sum of Rs. 2,11,290/ - was awarded, the present appeal has been filed.

(2.) Short facts of the case are that appellant filed a claim petition alleging that on 14.1.2010, one Sneh @ Jitendra was going on a motorbike bearing registration No. MP09 MJ 9066 along with pillion rider Rahul. It was alleged that said motorbike met with accident with a truck bearing registration No. MP13 MF 5397 which was being driven by respondent No. 1 rashly and negligently and insured with respondent No. 2. It was alleged that in the said accident. Jitendra sustained grievous injuries. He was hospitalised at Ahmedabad where he passed away on 16.1.2010. It was prayed that claim petition be allowed and compensation be awarded. The claim petition was contested by respondent No. 1 on various grounds including on the ground that accident occurred because of rash and negligent driving of deceased himself, therefore no compensation can be awarded to the appellant. It was prayed that claim petition be dismissed. After framing of issues and recording of evidence learned Tribunal assessed the income of deceased @ Rs. 5,000/ - per month and after deducting half of the amount towards personal expenses, applied the multiplier of 13 and assessed the compensation as Rs. 4,22,580/ - and after holding the deceased equally liable for the accident, deducted 50%. against which the present appeal has been filed.

(3.) Learned counsel for respondent No. 1 supports the award and submits that after due appreciation of evidence learned Tribunal has found that deceased was equally liable for the accident. It is submitted that findings recorded by the learned Tribunal are based on due appreciation of evidence which requires no interference.