MASOMAT MALTI Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) THIS appeal has been filed by the claimants-appellants for enhancement of the compensation amount against the judgment/award dated 17. 7. 2006 passed by Motor Accidents Claims tribunal, Hazaribagh in Misc. Claim Case No. 191 of 2002. By the said judgment/award, the Tribunal has assessed compensation of rs. 1,82,000, but because of the contributory negligence, the Tribunal directed for payment of 50 per cent of the said amount, i. e. , Rs. 91,000 to the claimants-appellants.

(2.) THE facts of the case lie in a narrow compass: on the fateful day of the accident, the deceased along with his brother was going to Rajrappa by a motor cycle. On the way, a Trekker bearing registration No. BR 14-P 5268 came rashly and negligently, dashed the motor cycle, as a result the deceased sustained multiple injuries and brought to the Government Hospital, Gola, where he died.

(3.) THE claimants' case is that deceased aged about 24 years, at the time of his death was working as a mason and getting rs. 5,000 per month. The claim was contested by both the owner and the insurer of Trekker on various grounds. Their main defence was that the deceased was driving two-wheeler with two pillion riders and both the deceased and two pillion riders were not wearing helmet and as a matter of fact, they contributed in the accident. The Tribunal firstly held that the accident took place due to contributory negligence of the deceased also.