SITA DEVI Vs. RAGHUVEER SINGH

JUDGEMENT

(1.) Through this appeal under section 173 of Motor Vehicles Act, 1988, the appellants seek to modify the award dated 6.11.1993 passed by learned Judge, Motor Accidents Claims Tribunal, Jaipur City, Jaipur whereby the learned Judge has awarded a sum of Rs. 1,63,500 under different heads.

(2.) On 14.6.1988 at 9.45 p.m., when Daljeet Singh was on way at M.I. Road, Jaipur, a minibus bearing No. RND 0285 hit him. It was alleged that the driver was driving the bus rashly and negligently and with excessive speed. As a result of this accident, Daljeet Singh sustained serious injuries and ultimately he succumbed to his injuries. It was stated that at the time of accident the age of deceased was 38 years and was posted as driver in Rajasthan Agriculture Marketing Board.

(3.) Learned Tribunal having concluded that the accident occurred as a result of contributory negligence of deceased and the driver of said minibus awarded compensation to the tune of Rs. 3,27,000 and since the accident took place as a result of contributory negligence, the Tribunal deducted 50 per cent of the award amount, that is, Rs. 1,63,500, thereby making the claimants entitled to get compensation to the tune of Rs. 1,63,500. It further appears that the Tribunal has made the insurance company liable to pay the compensation only to the extent of Rs. 50,000.