SMT. MAMTA Vs. BHAV SINGH @ MANSINGH

JUDGEMENT

(1.) This Misc. Appeal has been filed by the appellants/claimants, who are legal heirs of the deceased, challenging the award dated 22.07.2013 passed in Claim Case No. 40/2013 by the Motor Accident Claims Tribunal, Gwalior, on two grounds, namely; challenging the finding of the contributory negligence of the deceased driver, who was driving Dumper No. M.P.07 G.A.0674 from behind due to sudden braking of vehicle No. M.P.07 G. 5747. It is submitted that this finding of contributory negligence in the facts and circumstances of the case is perverse. Similarly, on the aspect of quantum the award is under challenge.

(2.) It is the case of the claimants that since the driver of the vehicle No. M.P.07 G. 5747 had suddenly applied brakes to his vehicle, which was moving ahead of the vehicle No. M.P. 07 G.A.0674, therefore, on account of sudden braking of the vehicle moving in front, the vehicle driven by the deceased Vinod Rajak had collided with said vehicle from behind and therefore the claims Tribunal erred in declaring it to be a case of contributory negligence. Similarly, it is submitted that Claims Tribunal has considered income of the deceased to be Rs. 4,500/- p.m. which is on the lower side and therefore the consequential calculations needs to be amended. It is also submitted that in the light of the law laid down by the Hon'ble Supreme Court in the case of National Insurance Company v. Pranay Sethi as reported in 2017 (13) SCALE 12 the claimants are entitled to 40% of the compensation at enhanced rate on account of future prospects which have not been taken into consideration by the Claims Tribunal.

(3.) It is further submitted that the deductions of ¼ of the income towards personal expenses is incorrect and looking to the number of dependents of the deceased, â ..•th deduction should have been allowed.