BHAGWATI Vs. NATIONAL INSURANCE COMPANY

JUDGEMENT

(1.) The Motor Accidents Claims Tribunal, Jammu vide Award dtd. 4/4/2014 found the appellants-claimants entitled to compensation to the tune of Rs.14,41,000.00. However, the learned Tribunal held the victim-Maya Ram liable for 50% of the contributory negligence of the accident and slashed down the compensation in favour of the claimants to the tune of Rs.7,20,500.00 along with interest @ 7.5% as mentioned in the award. The appellants have challenged the award on the ground that the Tribunal has wrongly held Maya Ram as contributory to the accident in which the said Maya Ram lost his life. The appellants also submit that they are entitled to certain additional amount on account of the expenses incurred on the deceased during his treatment after the accident took place.

(2.) The Tribunal has held the respondent No.1-National Insurance Company liable to pay the awarded amount. The Insurance Company has not challenged the award meaning thereby the company has admitted its liability to compensate the appellants for the amount awarded in their favour.

(3.) The argument of learned counsel for the appellants is that the Tribunal has erred in appreciating the evidence brought on record and has only relied upon the FIR while holding the deceased also liable for accident. The appellants could not be deprived of the compensation at least which was otherwise found due to the appellants on account of the accident in question.