TAPATI NAG Vs. ABU TAHER SAIKH AND OTHERS

JUDGEMENT

(1.) This is an appeal filed by the claimant for enhancement of compensation and is directed against the award dated 21.07.2012 passed by the learned Motor Accident Claims Tribunal, West Tripura, Agartala whereby he awarded compensation of Rs.2,59,000/- in favour of the claimant.

(2.) The claimant, Smt. Tapati Nag is the mother of deceased Joydeep Nag. The admitted facts are that on 08.10.2002 Joydeep Nag along with some friends was travelling in a Maruti Car bear registration No. WB-02A-9449 from Kolkata to Agartala. At Ahiran Bridge there was a collision between this Maruti Car and Lorry bearing registration No.WGQ-1627. In the claim petition it is alleged that the Maruti Car had crossed 3/4th of the bridge and was being driven slowly and cautiously and that the Lorry came from the opposite side in a rash and negligence manner at a high speed.

(3.) The learned tribunal came to the conclusion that both the deceased who was driving the Maruti Car and the driver of the Lorry were equally negligent. He assessed the income of the deceased @ Rs.5,000/- per month and calculated the total loss at Rs.5,18,000/-but has held the claimant entitled to only Rs.2,59,000/- on account of contributory negligence.