SURESH DEVI Vs. PUKHRAJ

JUDGEMENT

(1.) The present appeal has been filed against the award dtd. 6/9/2007 passed by the Motor Accident Claims Tribunal, Jaitaran, District Pali (hereinafter referred to as 'the learned Tribunal') whereby although an award of Rs.3,06,500.00 has been passed in favour of the claimants but holding the contributory negligence of the deceased, 30% of the awarded amount has been directed to be deducted qua the contributory negligence. Therefore, after deduction as aforementioned, a claim of Rs.2,14,500.00 has been awarded in favour of the claimants who are the parents, wife and the five minor children of the deceased.

(2.) Learned counsel for the appellants submitted that the finding of the learned Tribunal regarding the contributory negligence of the deceased is totally contrary to the record and therefore, liable to be set aside. He submitted that it was not even the case of the respondent owner or the insurer of the vehicle that the motorcyclist was negligent and the accident occurred due to his contributory negligence. No evidence qua the said fact was led by any of the respondents and therefore, the finding as arrived by the learned Tribunal cannot be upheld. In support of his contention, learned counsel relied upon the judgment passed by Hon'ble Apex Court in the cases of Mangla Ram v. Oriental Insurance Co. Ltd. and Ors.[2018 ACJ 1300] and The New India Assurance Company Limited and Ors. Vs. Somwati and Ors. [(2020) 9 SCC 644].

(3.) Learned counsel further submitted that the finding of the learned Tribunal is based solely on the site plan which cannot be treated to be a substantive piece of evidence. He submitted that even if the same is taken into consideration, the conclusion as arrived by the learned Tribunal proves to be totally contrary even to the site plan. In support of his contention, learned counsel relied upon the judgments passed by this Court in Sushila v. Mohan Singh and Ors. [2015 (2) R.A.R. 564 (Raj.)] and United India Insurance Company Ltd. v. Smt. Sugni Devi and Ors. [2013 R.A.R. 21 (Raj.)].