RAMSWAROOP Vs. SAFEDA BEGUM

JUDGEMENT

(1.) These appeals are directed against the judgment and awards dated 25/5/2017 passed by the Motor Accident Claims Tribunal, Hanumangarh ('the Tribunal'), whereby, the Tribunal has assessed compensation to the tune of Rs. 1,14,556/- for the claimant Smt. Safeda Begum and has reduced the sum by 25% on account of contributory negligence of Noorsamand and held that the claimant is entitled to compensation of Rs. 85,917/- along with interest @ 7.5% p.a. from the date of application i.e. 13/8/2015.

(2.) While the driver and owner Ram Swaroop has questioned the quantum of compensation and correctness of the issue pertaining to rash and negligent driving, the claimant Safeda Begum has filed appeal questioning the reduction of award on account of contributory negligence of Noorsamand and for enhancement of compensation.

(3.) The application for compensation was filed by claimant Safeda Begum inter alia with the averments that on 7/5/2015 one Noorsamand along with Anara Begum and claimant Safeda Begum were driving on a Motorcycle, which was followed by a Tempo being driven by Sureshiya, when the said vehicles reached near 'Khunja Nahar', a Mahendra Maxmo Mini Van (Tempo), which was being driven by Ram Swaroop rashly and negligently struck the Motorcycle resulting in the occupants of Motorcycle suffering grievous injuries. Compensation to the tune of Rs. 1,00,47,100.00 was claimed by Safeda Begum.