RAMKANYABAI Vs. UNAV TRANSPORT CO P LTD

JUDGEMENT

(1.) This is an appeal filed by the claimants under section 173 of the Motor Vehicles Act against an award dated 16.4.2002 passed in Claim Case No. 4 of 2001 by the Third M.A.C.T., Ratlam (Camp Jaora).

(2.) By the impugned award, the Tribunal was pleased to allow the claim petition filed by the claimants and awarded a total sum of Rs. 3,78,000. However, apportioning the liability to the extent of 50 per cent on the ground of contributory negligence, the compensation eventually payable by both insurance companies was Rs. 1,89,000 and accordingly and in consequence thereof award was passed for a sum of Rs. 1,89,000 against respondents, i.e., non-applicants. It is this award which is sought to be challenged by the claimants before this court in this appeal.

(3.) Facts in brief are these: In the midnight of 2.9.2000, Poonamchand who was driver of bus bearing No. MP 43-F 0011 while driving this vehicle dashed with a stationary truck bearing No. UP 78-T 2752. This led to his death giving rise to filing an application by the present appellants who are the claimants, i.e., wife and children of deceased Poonamchand.