SUNITA SAHNI Vs. ANOOP GUPTA

JUDGEMENT

(1.) Through this appeal, the claimants have sought enhancement of compensation, modifying impugned award dated 08.11.2013 of the Motor Accident Claims Tribunal, Rohtak (for short 'the Tribunal').

(2.) Briefly, on 08.10.2011, Harish Kumar son of Atma Ram aged about 42 years, while travelling in a car bearing registration No.HR-12N-8962 from Rohtak to Shimla, met with a motor vehicle accident and died. Resultantly, his widow and legal heirs filed a claim petition under Section 166 of the Motor Vehicles Act, claiming compensation of Rs.20,00,000/-for his death, before the learned Tribunal at Rohtak, who after holding trial awarded a sum of Rs.7,70,000/- but deducted 50% of the same towards alleged contributory negligence of deceased Mohit, driver of the offending car. Thus, the appellants were awarded total compensation of Rs.3,85,000/-alongwith interest at the rate of 6% per annum from the date of filing of claim petition by the appellants till realization.

(3.) Learned counsel for appellants inter alia contends that the Tribunal failed to appreciate that deceased Harish Kumar only being a traveller and not a driver of the aforesaid car could not have been held guilty for contributing in causing the accident.