MANORAMADEVI Vs. N.D. PATEL

JUDGEMENT

(1.) THIS is an appeal by the claimants against the Award dated 19-7-1982 passed by the Member, IIIrd Additional Motor Accident Claims Tribunal in claim case No. 98/79 whereby the learned Member has awarded compensation of Rs. 5000/- with interest thereon at the rate of 6% per annum from the date of presentation of the claim petition till realisation. The claimants-appellants have prayed for enhancement of the compensation amount to four lacs. The Respondent No. 1 who is the owner of the truck in question which caused the accident has, however, filed a cross-objection alleging the compensation awarded to be excessive.

(2.) THE material facts leading to this appeal, briefly stated, are as under: On 15-3-1979 between 12 and 12.30 P.M. Pradeep Kumar was going on his scooter from Navlakha towards Loha Mandi and when he reached on Navlakha road in front of Khalsa Timber Merchant the respondent No. 2, who was driving truck No. M.P I. 3468, reversed the truck from Sarvodaya Saw Mill and brought it on the road all of a sudden with speed' without blowing any horn and thus, dashed the truck against the scooter driven by Pradeep Kumar who was thrown off the scooter to a considerable distance as a result of the impact of the collision and sustained multiple grevious injuries to which he ultimately succumbed on the way while being taken on an auto-rickshaw to the M.Y. Hospital. The driver respondent No. 2 after the accident tried to escape by driving the said truck further from the place of the accident but he was stopped by the people who had gathered around there and was apprehended.

(3.) THE claimants-appellants who are the parents, sister and brother of the deceased Pradeep Kumar filed the Claim Petition before the Claims Tribunal on 22-5-1979 claiming an amount of Rs. 4,00,000/- as compensation. After trial the learned trial Court found that the accident was the result of rash and negligent driving of the truck in question by the driver respondent No. 2 but it also found that the deceased Pradeep Kumar was also partly responsible as he tried to over-take the said truck from its wrong side i.e. left side. The learned Tribunal, therefore, held contributory negligence on the part of Pradeep Kumar to the extent of 50%. Accordingly, while the Tribunal determined the amount of compensation as Rs. 10,000/-, he held the claimants-appellants entitled to 50% of that amount. As such the claimants-appellants have been awarded Rs. 5000/- by way of compensation for the accident of Pradeep Kumar alongwith interest at the rate of 6% per annum as aforesaid.