SOHAN RAM Vs. TAJ KHAN & ORS.

JUDGEMENT

(1.) The factual backdrop for adjudication of the present appeal filed against judgment and award dated 14.02.2006 passed by Motor Accident Claims Tribunal, Jodhpur in MACT Case No.252/2005 is, that the appellant was a pillion rider going on a motor-cycle, bearing Registration No. RMC 1685, when a car bearing Registration No.RJ-23-C 0515 collided with the motorcycle, and resulted in a road accident, for which, the appellant suffered injuries on his leg and right hand.

(2.) The appellant-claimant had lodged a claim under the provisions of Motor Vehicle Act, which was registered as Claim Case No.252/2005 and came to be allowed by the Tribunal below, whereby a sum of Rs. 1,94,725/- had been determined as a total amount payable to the claimant. However, while determining the final amount of award payable to the claimant, the Tribunal below has deducted 40% of the amount as according to it, the negligence of the driver of motor-cycle has also contributed in the occurrence of accident.

(3.) Mr. M.R. Choudhary, learned Counsel appearing for the appellant, assailing the impugned judgment and award contended that the learned Tribunal below had committed an apparent error of law in deducting 40% of the total amount on account of fault of the driver of the motor-cycle. He contended that the appellant claimant was a pillion rider and as such, the amount payable to him, cannot be deducted for the fault of the driver of the motorcycle. He relied upon judgment of this Court dated 20.07.2016 rendered in S.B. Civil Misc. Appeal No.1426/2008 in the matter of Subhash Chandra and Anr. v. Union of India and Ors and contended that in light of the settled law, the deduction of 40% of the amount deserves to be set-aside.