JAGDISH AND OTHERS Vs. SURESH KUMAR AND OTHERS

JUDGEMENT

(1.) For stated reasons, delay in filing the appeal is condoned. Application under Sec. 5 of the Limitation Act stands allowed.

(2.) Appellants have preferred this appeal aggrieved by award dated 05.03.2009 of learned Motor Accident Claims Tribunal, Kota, in MAC Case No. 236/2006, whereby learned Tribunal though awarded a sum of Rs. 2,25,000.00 to claimants as compensation for death of Rakesh, who at the time of accident was 13 years of age, in an accident took place on 25.02.2006, but deducted therefrom 25% amount holding the deceased contributory negligent for the accident to that extent and ordered payment of compensation of Rs. 1,68,750.00 to claimants.

(3.) Learned counsel for appellants has challenged finding of learned Tribunal whereby it has held the deceased contributory negligent for the accident to the extent of 25%. Challenge is also made to quantum of compensation awarded by learned Tribunal and it is prayed that compensation may suitably be enhanced.