SARJITO DEVI Vs. JASWINDER

JUDGEMENT

(1.) Present appeal has been filed against the award dtd. 28/10/2014 passed by the Motor Accident Claims Tribunal, Kaithal (for short, 'the Tribunal').

(2.) The challenge in the present appeal is with regard to contributory negligence held by the Tribunal of 50-50. The appellant has in the present appeal challenged the quantum of compensation awarded. The grievance is that the Tribunal erred in holding the deceased to be negligent and thereby restricting the compensation to 50%.

(3.) The factual matrix necessary for adjudication of the present appeal are that on 28/11/2013 Raja @ Rajinder had gone to house of his sister-in-law in Village Siwan. He alongwith his wife went on a motor- cycle bearing registration No. HR08-C-6653. He left his wife Sarjito Devi at place of her sister and was coming back on his motor-bike. It was alleged that a rashly and negligently driven car bearing registration No. HR-33-C- 9529 hit the motor-cycle as a result of which Raja suffered injuries. He was shifted to Civil Hospital, Kaithal and then he was taken to General Hospital, Kaithal from where he was referred to PGIMS, Chandigarh. He succumbed to his injuries on 30/11/2013. FIR No. 162, dtd. 30/11/2015 was registered at Police Station Sadar Kaithal.