GAYATRI SINGH Vs. SANTOSH CHATURVEDI

JUDGEMENT

(1.) Being aggrieved by the award dated 31.1.2011 passed by 2nd Addl. MACT, Shahdol in Claim Case No.64/2009, whereby claim petition filed by appellants on account of death in a motor accident was allowed and deceased was held equally liable for the accident, therefore, after deducting 50% on account of contributory negligence a sum of Rs.2,22,500/- was awarded for which respondents No.1, 2 and 4 were held liable to the extent of Rs. 1,22,500/- and respondent No.4 was held liable to the extent of Rs. 1,00,000/-, present appeal has been filed.

(2.) Short facts of the case are that appellants filed a claim petition before the learned Tribunal alleging that on 26.6.2009 Deepak Singh was going on his motor bike towards Shahdol met with an accident with the truck bearing registration No.CG-04-G-2576, which was being driven by respondent No.1 rashly and negligently, owned by respondent No.2 and insured with respondent no.3. It was alleged that the motor bike was driven and owned by the deceased, which was insured with respondent No.4. It was prayed that claim petition be allowed and the compensation be awarded. Respondent No.1 remained exparte before the Tribunal. Respondent No.2 filed reply, wherein it was denied that any accident was occurred because of the negligence of respondent No.1. However, it was submitted that in case any award is passed then it is respondent No.3, who is liable to pay the amount of compensation. Respondent No.3 contested the claim petition on various grounds including on the ground that respondent No.1 did not possess valid driving license, therefore, respondent No.3 is not liable to pay the compensation. Respondent No.4 contested the claim petition on the ground that the motor bike was not insured with the respondent No.4, therefore, claim petition be dismissed. After framing of issues and recording of evidence learned Tribunal allowed the claim petition holding that accident occurred because of negligence-on the part of respondent No.1 and deceased Deepak Singh himself and assessed the income @ Rs.3,000/- per month and after deducting 1/4th towards personal expenses and applying multiplier of 15 assessed the compensation of Rs.2,22,500/- after deducting 50% on account of contributory negligence on the part of deceased himself and further held that appellants are entitled to recover Rs. 1,22,500/- from respondent Nos. 1 & 2 and Rs. 1,00,000/- from respondent No.4, against which present appeal has been filed.

(3.) Learned counsel for appellants submits that income assessed by the learned Tribunal is on lower side as the accident is of the year 2009. It is submitted that on other heads also amount awarded is on lower side. It is also submitted that learned Tribunal was not justified in deducting 50% on account of contributory negligence. Respondent No.1 remained exparte. Criminal case was registered against respondent No.1 for the offence punishable under Section 304-A IPC. In the circumstances learned Tribunal was not justified in holding that deceased was equally liable for accident. It is submitted that deduction of 50% on account of contributory negligence on the part of deceased is illegal.