MD. DUKHI Vs. PARWATI THAKUR

JUDGEMENT

(1.) Claimants have preferred the appeal for enhancement of com- pensation in Compensation Case No. 278/2003 whereby compensation has been awarded for the death of Md. Ehshan in a Motor Vehicle acci- dent caused by rash and negligent driving of Mahindra Commander Jeep bearing Registration No. JH-01-D-6213.

(2.) The claim for enhancement has been inter alia made on the ground that the learned Tribunal held that the deceased was travelling on the roof of the vehicle and he was therefore liable for contributory negligence. It is contended that the provision of sec. 123 (2) of the M.V. Act 1988 (M.V. Act) has been wrongly applied by the Tribunal in this case. It is submitted that even if a person travels on the roof-top he will be guilty for offence under sec. 177 of the M.V. Act and punishable under it, but this per se cannot amount to contributory negligence so as to reduce the compensation amount. It is further submitted that the matter involves the death of 19 years old young boy and a compensation of Rs.75,000.00 has only been awarded by taking a notional income of Rs.15,000.00 per annum.

(3.) The learned Tribunal has recorded a finding of fact that the de- ceased was travelling on the roof top of the offending vehicle and the accident took place on account of contributory negligence on the part of the deceased himself and the driver of the vehicle. The insurance policy covered the risk of personal accident of the owner and driver including liabili- ty for 10 passengers as well as risk to the third party, but it did not cover the risk of gratuitous passengers, the Insurance Company was not liable to cover the risk.