LAWS(RAJ)-2024-12-43

GANGA DEVI Vs. NATIONAL INSURANCE CAMPANY LIMITED

Decided On December 09, 2024
GANGA DEVI Appellant
V/S
National Insurance Campany Limited Respondents

JUDGEMENT

(1.) The present appeal has been preferred against the judgment and award dtd. 2/12/2023 passed by Motor Accident Claims Tribunal No.1, Bhilwara in MAC Case No.225/2018 (CIS No.227/2018) whereby the learned Tribunal proceeded on to pass an award for an amount of Rs.15,84,814.00 with interest @6% per annum in favour of the claimants.

(2.) The learned Tribunal although computed the award for an amount of Rs.21,13,086.00 but then deducted an amount qua 25% contributory negligence of the deceased and hence, awarded Rs.15,84,814.00 only.

(3.) It is the said finding of contributory negligence of the deceased which is under challenge in the present appeal as preferred by the claimants along with a prayer for enhancement of the award.