BHAGWAN DAS Vs. SATISH SINGH

JUDGEMENT

(1.) THIS appeal has been filed against the award dated 23. 7. 1996 passed by the learned Judge, motor Accidents Claims Tribunal, Jaipur City, Jaipur (for short 'the Tribunal') challenging the award on the ground of enhancement of the compensation and apportionment of liability.

(2.) THE claimant Bhagwan Dass met with an accident on 22. 12. 1991 while he was travelling as a pillion rider on the motor cycle which met with an accident with offending car No. DL 1-C 6560 being represented by the respondent insurance company and sustained disability on account of the injury caused in the incident. The learned Claims Tribunal awarded rs. 2,000 by way of compensation to the complainant and deducted 50 per cent of the compensation on account of contributory negligence.

(3.) LEARNED counsel for the claimant submits that there was no contributory negligence on the part of the appellant-claimant as he was not driving the motor cycle but he was sitting as a pillion rider. Learned counsel further submits that the matter at the most can be of composite negligence and as such the amount awarded need not be deducted. The learned counsel cited National Insurance Co. Ltd. v. Kastoori Devi, 1988 ACJ 8 (Rajasthan), in support of his contention. Learned counsel further submitted that as per section 140 of Motor Vehicles Act a person sustained permanent disability is required to be paid rs. 25,000 by way of statutory liability and, therefore, the award passed for the amount less than Rs. 25,000 is not of the amount denominated by the legislature by way of minimum liability in such a case. Learned counsel for insurance company supported the judgment of the learned tribunal on the ground that the learned tribunal has passed the award on the basis of evidence adduced before it.