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2011 DIGILAW 758 (RAJ)

Nirmala Devi v. Bahadur Singh

2011-04-13

VINEET KOTHARI

body2011
Hon'ble Dr. KOTHARI, J.—Heard learned counsel. 2. This appeal has been filed by the claimant claiming enhancement of the amount awarded by the learned Tribunal vide award dated 12/6/2008. The Tribunal while deciding the issue no.1 has returned the finding of fact of contributory negligence to the extent of 40% on the part of deceased Chhagan Lal, who was driving the Moped and was hit by the insured vehicle-Truck No.RJ22-G-2266 on Sojat-Pali Road. The learned Tribunal has found that the deceased was working in the Liquor shop and the accident in question took place at about 11.30 pm in the night. The perusal of site plan shows that the accident occurred in the middle of the road and the learned Tribunal has also found that the deceased Chhagan Lal had no licence to drive such vehicle. 3. On these two grounds the learned Tribunal has reduced the compensation for the death of said deceased to the extent of 40% and while determining the compensation at Rs.5,90,000/-has awarded a sum of Rs.3,54,000/-being 60% of the awarded sum. 4. Learned counsel for the appellant also submitted that the learned Tribunal has not awarded any amount on account of loss of consortium and last rites expenses. However, a perusal of the award shows that a sum of Rs.3800/- for last rites and Rs.15,000/- for loss of consortium has been awarded while determining the total compensation of Rs.5,90,000/-. 5. Upon perusal of the site plan and findings returned by learned Tribunal, this Court is satisfied that the contributory negligence to the extent of 40% cannot be validly assailed in the present appeal. Accordingly, there is no ground to interfere in the present appeal and the same is hereby dismissed. Copy of this order be sent to the opposite side forthwith.