RANJEET KOUR Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal is directed against the award and judgment dated 24.7.2007 passed by Motor Accidents Claims Tribunal, Anantnag in Claim Petition No. 18 titled as Ranjeet Kour v. Union of India, to the extent of saddling Union of India, respondent No. 1, liable to 50 per cent of the compensation, while holding that the accident was outcome of contributory negligence.

(2.) The question involved in this appeal is whether Claims Tribunal or the court is within its jurisdiction to hold that accident is the outcome of contributory negligence, without any specific pleading. The answer is in negative for the following reasons.

(3.) In order to determine the question formulated above, it is necessary to notice the brief facts of the case. Claimant Nos. 1 to 4 are the victims of a vehicular accident, in which their sole bread earner, namely, Roulda Singh died, caused by respondent No. 2, namely, S. Devanthan, driver while driving army vehicle bearing registration No. 95D 104034A rashly and negligently on 24.5.2004 at Pujteng, Bijbehara National Highway. It is also averred that the deceased was 44 years of age at the time of accident and was earning Rs. 10,000 as income, being a driver. The deceased was driving Toyota Qualis bearing registration No. HR 01-L 6152 at the particular point of time and was on his way from Jammu to Srinagar.