RAM RATI DEVI Vs. NOOR MOHAMAD

JUDGEMENT

(1.) APPELLANT has filed the present appeal seeking enhancement of compensation against award dated 12.05.2003 by Motor Accident Claims Tribunal, Gurgaon (hereinafter referred as 'The Tribunal') whereby 'The Tribunal' awarded compensation to the tune of Rs. 3,04,244/ -.

(2.) FACTS relevant for the purpose of decision of present appeal are that on 12.11.2000 Raj Kumar (since deceased) was travelling in bus bearing registration No.HR -29 -PA -0119 of Haryana Roadways from Palwal, District Faridabad to Gurgaon. The said bus met with an accident with trailer bearing registration No.UP -78T -4211. The driver of the bus took the bus towards the extreme left side of the road. Raj Kumar took out his face and hand from the window of the bus and gave signal to driver of trailer to slow down the trailer but the driver of trailer struck the front side of the bus at the place where deceased Raj Kumar was sitting. Resultantly Raj Kumar suffered grevious injuries on various parts of the body and died on the spot. As per appellant, accident had taken place because of rash and negligent driving of respondent No.1 who was driving the trailer bearing registration No.UP -78 -T -4211. Matter was reported to the police.

(3.) RESPONDENTS contested the claim petition. 'The Tribunal' awarded the compensation of Rs. 3,04,244/ - holding that it was a case of contributory negligence on the part of appellant as well as respondent No.1 i.s. Drivier of trailer.