RITA DEVI Vs. KRISHNA KUMAR SINGH

JUDGEMENT

(1.) The claimants are in appeal for enhancement of compensation awarded in Compensation Case No.94/2009 under Sec. 166 of the Motor Vehicle Act for a sum of Rs.10,69,000.00 with interest @ 6% per annum and also against the finding of contributory negligence against the driver of the motorcycle, Parmanand Tiwary, who died in the accident.

(2.) As per the case of the claimant, the accident took place on 15/3/2009 when the deceased was riding his motorcycle which met with an accident with Tata 407 mini truck bearing registration no.JH 01Q 7443 being driven rashly and negligently. The deceased was a Contractor with monthly income of Rs.30,000.00 and was aged 37 years at the time of accident.

(3.) The claim case was filed impleading the owner and insurer of the Tata 407 Mini Truck who appeared before the Tribunal and contested the claim. Learned Tribunal recorded a finding that there was contributory negligence on the part of the deceased, who was driving the motorcycle and the truck in the ratio of 20% : 80 %.