SHAKUNTALA Vs. GHANSHYAM DHAKAD

JUDGEMENT

(1.) THIS appeal is filed by the claimants being aggrieved by the award dated 8th October, 2002 passed by Additional Member Judge, Motor Accidents claims Tribunal, Sabalgarh, District Morena in Motor Accident Claim Case no. 18/99 whereby a sum of Rs. 1,02,000/- has been awarded towards compensation to the claimants for the death of deceased Netram.

(2.) BRIEF facts of the case are that deceased Netram was about 24 years of age at the time of the accident as per the findings of the Claims Tribunal. He was a driver of a tractor owned by Gangaram. On 30-4-1999 at about 3. 00 in the noon, he was sleeping in a shadow beneath the tractor-trolley bearing registration No. MP 06/1462 which was loaded with sugarcane. Respondent no. 1 Ghanshyam Dhakad, driver of the tractor started the tractor on reverse side due to which head of the deceased came under the rear wheel of the trolley and the deceased died due to the said injury.

(3.) WIDOW, sons and parents of the deceased filed an application for compensation. The Claims Tribunal found that the deceased was 24 years of age at the time of the accident. The Claims Tribunal also found that though the accident has resulted due to rash and negligence on the part of the driver respondent No. 1, but the deceased has also contributed to the accident to the extent of fifty percent. According to the finding of the Claims Tribunal, the deceased could not have slept beneath the trolley of the tractor and thus, he has contributed to the extent of fifty percent in the accident. Hence, the Claims tribunal deducted fifty percent amount from the compensation.