PADMA RANI Vs. BANNA RAM

JUDGEMENT

(1.) The instant appeal has been preferred by the claimants-appellants (for short 'the appellants') under Sec. 173 of the Motor Vehicles Act, 1988 against the impugned judgment and award dtd. 22/12/2001 passed by the Court of Motor Accident Claims Tribunal, Tonk (Raj.) (for short 'the Tribunal') in MAC No. 257/2001 by which an amount of Rs.7,91,000.00 (including misc. heads) has been awarded as compensation.

(2.) Learned Tribunal after framing the issues, evaluating the evidence available on the record and after hearing the counsel for the parties, decided the claim petition of the appellants awarding compensation to the tune of Rs.7,91,000.00 under various heads in their favour.

(3.) Learned counsel for the appellants submits that while deciding issue No. 3 the Tribunal has recorded a finding that there was 30% contributory negligence on the part of the deceased. Counsel submits that as per the evidence produced on the record, the accident occurred due to sudden application of brakes by the driver of the trolla. Counsel submits that after investigation, charge sheet was submitted against the driver of the trolla and no witnesses on behalf of the driver of the trolla and owner of the vehicle were produced to prove the fact that the deceased was also equally liable for the accident. Counsel submits that without there being any evidence, the Tribunal has recorded such finding. In support of his contention, counsel has placed reliance on the judgment of Hon'ble Apex Court in the case of Yerramma and Ors. v. G. Krishanmurthy and another, reported in 2014 (4) TAC 337.