JUNALI SAIKIA DEKA Vs. MAHESH SRIVASTAVA

JUDGEMENT

(1.) Heard Mr.A.K.Gupta, learned counsel for the appellant and Mr.B.K.Purkayastha, learned counsel for the respondents.

(2.) This is an appeal u/s 173 of the Motor Vehicle Act, 1988 preferred by the appellants (claimants before the learned Tribunal) for enhancement of the award made by Motor Accident Claims Tribunal, Tinsukia in MAC Case No. 41/2011.

(3.) Brief facts of the case are that on 1.1.2011 the husband of the claimant No.1, late Tapan Kr. Deka was proceeding from Dibrugarh towards Doomdooma by driving his own Maruti Car. Another vehicle bearing registration No.AS-23-F-6945 was coming from the opposite direction in a very high speed. Because of rash and negligent driving, the driver of the vehicle No.AS-2-6945 lost control and hit the vehicle of the deceased. As a result of the accident, late Tapan Kr. Deka sustained multiple injuries and in course of treatment, he died on the same day. The claimants being legal representatives of the deceased, filed an application before the Motor Accident Claims Tribunal, Tinsukia seeking compensation and the learned Tribunal made an award of Rs.32,09,777/-However, the Tribunal fixing contributory negligence on the part of the deceased, deducted 50 % of the compensation amount calculated and directed the respondent, National Insurance Company Ltd to pay 50% of the award to the claimants.