MAHESWARI SETHI Vs. VENKATESWAR RAO

JUDGEMENT

(1.) THIS appeal has been filed by the claimants for enhancement of the award passed in M.A.C.T. Misc. Case No. 29/461 of 2001/2000 by the 5th M.A.C.T. Khurda. By the impugned award learned Tribunal held that the claimants are entitled to get compensation to the tune of Rs. 9 lakhs and while coming to such conclusion learned Tribunal has reduced the same 50% on the reasoning that due to contributory negligence of the deceased, the total compensation is to be divided by 2 which comes to Rs. 4,50,000/ -Accordingly, learned Tribunal held that the claimants were entitled to an award of Rs. 4,50,000/ -with interest @ 6% per annum from the date of filing of the claim application i.e. from 21.12.2000 till its payment. This award is impugned in the present appeal.

(2.) THE fact giving rise to the appeal was that while the deceased was returning to his house on his Scooter at Balugan bazaar on N.H.5 the offending truck bearing registration No. AP -16 -U -9817 dashed against the deceased from his back side resultantly the deceased fell down and the truck ran over him for which the deceased died on the spot. The incident took place at about 10.30 P.M. on 20.8.2000. The post mortem examination over the dead body of the deceased was conducted in the Government Hospital at Banpur and the local police registered a criminal case. It appears from the record that the vehicle in question was validly insured with Respondent No. 2 covering the date of accident. The deceased was a business man dealing in prawn and fish and was about 42 years of age. According to the claimants the deceased was earning Rs. 12,000/ -per month.

(3.) THE claimants have examined two witnesses and no witness was examined on behalf of the Insurance Company. The owner was set ex parte. The Insurance Company while denying its liability to pay the compensation challenged the age, occupation and income of the deceased.