HEER SINGH Vs. JAI SINGH

JUDGEMENT

(1.) This civil misc. appeal under section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act of 1988') has been filed by the claimants-appellants against the judgment and award dated 15.5.1989 passed by the learned Judge, Motor Accidents Claims Tribunal, Jodhpur in Claim Case Nos. 106 of 1985 and 85 of 1986 by which he awarded a sum of Rs. 60,000 as compensation to claimants-appellants on account of death of Madan Kumari (hereinafter referred to as 'the deceased') and Rs. 200 on account of damage caused to the Hero Majestic moped No. RRN 4059 (hereinafter referred to as 'the moped in question'), but this appeal has been filed by the appellants-claimants who are legal representatives of the deceased for enhancement of amount of compensation.

(2.) It arises in the following circumstances:

(3.) In this appeal, findings on issue No. 1 have been challenged seriously and main submission of the learned counsel for the claimants-appellants is that at the most if there was contributory negligence, that was between Vinod Kumar, appellant No. 2 and the driver of the truck in question, but there was no contributory negligence on the part of the deceased and hence the Tribunal wrongly deducted the amount of compensation to the tune of 50 per cent. It has further been submitted by the learned counsel for the appellants that it was a case of composite negligence and not a case of contributory negligence and it has been further submitted that since there was no contributory negligence of the deceased, therefore, legal representatives of the deceased were entitled to get full compensation as determined by the learned Tribunal and hence the findings of Claims Tribunal regarding deduction of 50 per cent of the compensation are liable to be set aside and this appeal deserves to be allowed.