RAJKUMARI AND OTHERS Vs. ANITA SHIVHARE & ORS

JUDGEMENT

(1.) Assailing the award dated 15.05.2008 passed by Second Additional Motor Accident Claims Tribunal, Gwalior in Claim Case No. 17/2007 on the point of contributory negligence and inadequacy of the compensation, this appeal has been preferred by the appellants/claimants under Section 173(1) of the Motor Vehicles Act, 1988.

(2.) As the incident occurred due to contributory negligence of drivers of the vehicles (Truck bearing registration No.MP07- HB/0223 and Truck bearing registration No. HR-38/N/1289), the respondents No.3 and 4 have been held liable to pay the compensation jointly and severally to the extent of 50% of the compensation amount, and none of those findings have been assailed at the instance of the respondent no.3 or respondent No.4 by filing the cross-appeal or the cross-objection, therefore, it is not necessary to narrate the entire facts in detail to burden the judgment on the said issues. It is only the point of contributory negligence and inadequacy of the compensation which has been assailed and the arguments in detail have been considered in succeeding paragraphs.

(3.) Learned counsel for the appellants submitted that the instant case is not of contributory negligence. It was the driver of the offending vehicle (Truck bearing registration No. HR-38/N/1289), who dashed the vehicle, which was being driven by the deceased Ramvaran Singh, hence the Tribunal has wrongly calculated 50% contributory negligence in the present case.