RUKAMANI DEVI Vs. MUKESH CHOUDHARY

JUDGEMENT

(1.) Instant appeal has been preferred by the claimants-appellants against the judgment and award dtd. 22/9/2012 passed by the Court-Motor Accident Claims Tribunal and Additional District Judge (Fast Track) No. 6, Jaipur Metropolitan (hereinafter referred to as 'the Tribunal') in Motor Claim Case No. 191/2012 (1054/2009) by which the claim petition filed by the claimants-respondents was allowed and the Insurance Company was directed to pay compensation of Rs.2,21,200.00 to the claimants-appellants.

(2.) Learned Tribunal after framing the issues, evaluating the evidence on record and after hearing counsel for the parties, decided the claim petition of the claimants-appellants and awarded compensation to the tune of Rs.2,21,200.00 under various heads in favour of the claimants-appellants.

(3.) Counsel for the claimants-appellants submits that the Tribunal has committed an error by recording a finding that there was 60% contributory negligence of the vehicle in which the deceased was travelling. Counsel further submits that it is an admitted fact that the deceased was not plying the vehicle, so in any case, this cannot be a case of contributory negligence and at the most, it can be a case of composite negligence. Counsel submits that the deceased was a regular income tax payer and he was submitting his income tax returns regularly and his income tax returns (Exs. 10, 11, 12 and 13) were produced by the claimants-appellants, but the same were not relied upon by the Tribunal for determining his income.