NEHA Vs. MUKESH

JUDGEMENT

(1.) This appeal is against the award dated 25.1.2001 passed by the Tenth Motor Accidents Claims Tribunal, Indore in M.V. Case No. 394 of 1999. By the impugned award, Claims Tribunal assessed and awarded a total sum of Rs. 2,80,000 (rupees two lakh eighty thousand) as compensation for the death of one Sushilabai.

(2.) Relevant facts in short are as under: Deceased Sushilabai, a government servant holding post of Assistant Teacher, met with an accident on 9.2.1990. On account of said accident, she sustained head injury. The deceased succumbed to injuries on 12.2.1990 in Choithram Hospital, Indore. Learned Claims Tribunal based upon the evidence, found that only respondent No. 1 was responsible for causing the accident on account of his rash and negligent driving, therefore, directed respondent Nos. 1 and 2 to pay compensation while exonerating other respondents from the liability to pay compensation.

(3.) Learned counsel for appellants submitted that the Tribunal failed to see the distinction between composite negligence and contributory negligence. According to him it was case of composite negligence, therefore, both the scooterists ought to have been held liable to pay compensation jointly and severally. Attacking quantum, it was contended that while assessing the quantum, no amount was awarded towards the future prospects of the deceased who was working as an Assistant Teacher in a government school. Thus, according to him the amount deserves to be enhanced suitably. Per contra, learned counsel appearing for respondent No. 5 submitted that just and proper amount of compensation has been worked out which is payable to the appellants. It was also contended that the Tribunal rightly found that respondent No. 1 alone was responsible for causing the accident; therefore, no amount of compensation is recoverable from respondent No. 5.