KANTI DEVI SIKARWAR Vs. OM PRAKASH

JUDGEMENT

(1.) THIS is claimants' appeal under Section 173 of the Motor Vehicles Act, 1988 against the award passed on 14-7-1998 by 1st Motor Accidents Claims tribunal, Guna in Claim Case No. 17/96 for enhancement of compensation.

(2.) CLAIMANTS are the heirs of the deceased. Deceased Shyamveer singh Sikarwar was driving the motorcycle bearing Registration No. MID 4660 and on 5-12-1994, he was going from Guna to Raghogarh. On the way it is alleged that the said motorcycle dashed with a truck bearing registration no. DLI/g 3296. It is a case of head on collision. Deceased died on the spot. It was submitted that the accident took place because of the rash and negligent driving of the truck driver. Claim petition was filed and the Tribunal assessed the compensation of Rs. 5,84,868/- considering the income and age of the deceased and held that the offending vehicle as well as the deceased both were negligent contributory and reduced the amount awarded by 50%, against which the claimants have filed this appeal.

(3.) WE have heard the learned Counsel for the parties and perused the evidence and finding. The main question for consideration in this appeal before us is whether it is a case of contributory negligence and whether the deceased as well as the driver of the truck both were responsible for the accident and upto what extent.