NAYAB SINGH Vs. RANDHIR SINGH AND ORS.

JUDGEMENT

(1.) FEELING dissatisfied qua quantum of compensation awarded to appellant vide impugned award dated April 11, 2003 passed by the Motor Accidents Claims Tribunal, Ambala (for short "Tribunal"), on account of sustaining injuries, appellant/claimant has preferred the instant appeal seeking enhancement of compensation as well as for reversing the findings with regard to contributory negligence to the extent of 25% on his part. This appeal was admitted for hearing vide order dated October 23, 2003 and record of learned Tribunal was requisitioned and received.

(2.) LEARNED counsel for appellant has assailed the impugned award dated April 11, 2003 submitting that learned Tribunal has erred in deducting 25% of compensation amount on account of alleged contributory negligence on the part of appellant/claimant without appreciating the fact that accident was caused due to sole negligence of tractor driver who turned his tractor abruptly without transmitting any signal and blowing horn. Even otherwise, as per the depositions of Nayab Singh injured/claimant accident solely occurred on account of rash and negligent driving of tractor. RW -1 Sukhdev Singh driver has also admitted the accident though an effort has been made by him to shift the negligence to the scooterist. Admittedly, FIR was registered against the tractor's driver for causing accident and he is facing trial before the criminal Court. The findings recorded by learned Tribunal are absolutely against the evidence adduced by claimant.

(3.) THESE arguments have been controverted by learned counsel for respondents No. 1 to 3 submitting that just and adequate compensation has already been awarded by learned Tribunal and since contributory negligence is also proved on the part of claimant/appellant, learned Tribunal has rightly concluded the contributory negligence to the extent of 25% and prayer for dismissal of instant appeal being devoid of merit and that too with special cost, was thus made.