Judgment:
Misc. Appeal No.3103/2007 18.03.2013: Shri Sharad Gupta, learned counsel for the appellants. Shri Jayant Nikhra, learned counsel for respondent No.3.
At the request of learned counsel for the parties, they are heard finally. This appeal has been filed filed by the appellants against the award dated 12/4/2007 passed by Motor Accident Claims Tribunal, Jabalpur in Claim Case No.69/2006 for enhancement of compensation as well as on the point of negligence to the extent of 5050% by stating that there is no evidence available on record which may establish that the deceased was driving the truck with such negligence which he becomes liable to share 50% of the claim on his side. My attention has been drawn to the statement of Gyan Singh (AW2) who was cleaner of the truck and appeared as witness on behalf of the claimants. In his statement he has stated as under : “1.
?.kVuk 7 tuojh 06 dh gS A ?.kVuk fpjbZ Mksaxjh xzke dh gSA jkr ds djhc 2 ls Even if his evidence is considered in toto, it cannot be said that the negligence on the part of the truck driver i.e. deceased was to the extent of 50% for which compensation has been reduced. It has come on record that the offending vehicle was coming with a fast speed and hit the truck which was being driven by the deceased from front side. This, itself, shows that the negligence was certainly on the part of the offending vehicle. In any event, it canNo. be said that deceased was negligence to the extent of 50%. As such, the claimants are held entitled to receive 60% of the total awarded amount of compensation as the deceased is held negligent to the extent of 40%. In view of aforesaid, it is observed that the apportionment of liability fixed by the Claims Tribunal to the extent of 50% each deserves to be modified to the extent of 6040 percent, that is to say, the deceased was negligent to the extent of 40% and the driver of offending vehicle was negligent to the extent of 60%, therefore, the total sum awarded by the Claims Tribunal deserves to be distributed in the ratio of 6040%. The claimants are held entitled to receive 60% of the awarded amount. Thus, the claimants are entitled to receive the total compensation of Rs.3,82,582/, in stead of 3,18,819/. The balance amount of compensation shall also be paid by the Insurance Company to the claimants within a period of one months from today along with interest @ 9% p.a. from the date of filing of the claim case. In the event of nonpayment of the balance amount, interest shall be payable on the entire amount of compensation @ 12% from the date of passing of this order. In view of forgoing discussion, the appeal is allowed in part to the extent indicated herein above. (M.C. Garg) Judge ts