NARPAL Vs. KANTA DEVI

JUDGEMENT

(1.) THIS will dispose of F A. O. Nos. 462 of 1989, and 434 of 1989.

(2.) F. A. O. No. 462 of 1989 has been preferred by the driver and owner of the truck, whereas F. A. O. No. 434 of 1989, has been preferred by the claimants against the award dated 17th February, 1989, passed by the Motor Accident Claims Tribunal, Gurgaon, vide which, it was held that the accident took place due to the contributory negligence of appellant No. 1 in F. A. O No. 462 of 1989, and deceased, Suresh Kumar. Since the learned Tribunal found that both the drivers were equally negligent in causing the accident, their liability was apportioned as 50 : 50. The appellants were thus, held liable to pay a sum of Rs. 57,600/- as total amount of compensation to the claimants.

(3.) IN the appeal filed by the driver and owner, the only point raised is that appellant No. 1 was not equally negligent in causing the accident, and in the appeal filed by the claimants, the grievance made is that the compensation awarded by the Tribunal is not adequate. In order to determine the matter in controversy, it is necessary to state the facts in brief, which are : That on 14. 11. 1987 at about 7. 30 P. M. Suresh Kumar, de- ceased, who at the relevant time, was 27 years of age, was coming on a motor-cycle bearing Registration No. PP-6527 from Garni Harsaru side towards village Bhangrola, and struck against a tractor bearing Registration No. HRC-7186 being driven by appellant No. 1, as a result of which, Suresh Kumar died at the spot due to the injuries received by him in the said accident. An F. I. R. was lodged on the next day at about 12-20 P. M. on the statement' of Naresh Kumar, brother of the deceased, Suresh Kumar. The learned Tribunal on the basis of evidence produced by the parties, found that both the drivers were equally negligent in causing the accident