RAMKUMAR BAI & ORS. Vs. JAGDISH & ORS.

JUDGEMENT

(1.) This order shall also govern the disposal of M.A. No. 548/2003 which has been filed against the award dated 5th December, 2002 in Claim Case No. 266/99 while the present appeal has been filed against the award passed in Claim Case No. 235/99. Both the awards have been passed by IV M.A.C.T., Indore.

(2.) Short facts of the case are that in a motor accident which took place on 26th May, 1999 by the offending bus bearing registration No. CII-706 which was being owned by respondent No. 1, driven by respondent No. 2 and insured with respondent No. 3. In the accident, Kailash who was husband of appellant No. 1 and father of appellant No. 2 died. While Lakhan who is appellant in M.A. No. 548/2003 sustained grievous injuries. Learned Tribunal found that deceased Kailash and the appellant of M.A. No. 548/2003 were the pillion riders on a motor bike which was being driven by Salim at the relevant time. The bus and the motor bike collided and accident took place. It was also found that driver of the bus and driver of the motor bike were both responsible for the accident. Learned Tribunal computed the compensation as Rs. 2,15,000 in M.A. No. 549/2003 and Rs. 1,60,000 in M.A. No. 548/2003. Learned Tribunal directed to deduct 30% of the amount awarded on the ground that the motor bike was carrying three passengers at the relevant time. Break-up of the awards are as under:

(3.) Learned Counsel for appellants submits that learned Tribunal has committed error in deducting 30% of the amount of motor bike and driver of the motor bike was also responsible for the accident. It is submitted that since the deceased Kailash and the appellant Lakhan were the pillion riders, therefore, even if there was contributory negligence, then too, no amount could have been deducted from the compensation awarded by the learned Tribunal.