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2012 DIGILAW 1001 (RAJ)

Komal Singh v. Ashok Kumar Aharwar

2012-04-19

MOHAMMAD RAFIQ

body2012
RAFIQ, J.—Claimants have preferred this appeal for enhancement of compensation of Rs.1,56,750/- awarded by learned Motor Accident Claims Tribunal (Additional District Judge) Fast Track No.1, Bharatpur, vide its award dated 14.11.2011 in MAC Case No.321/2011. 2. Contention of learned counsel for appellants is that learned Tribunal committed an error in holding it to be a case of contributory negligence. Deceased was going to Bharatpur with one Ghanshyam. When they reached near Simpany village crossing, Ghanshyam stopped motorcycle and parked it on side of road for drinking water at a water hut. Deceased was standing near motorcycle and offending vehicle came rashly and negligently and hit deceased. It was a case of sole negligence of non-claimant/respondent. It is beyond imaginary that one person would park his vehicle in mid of road. 3. Learned counsel for non-claimant/respondent opposed the appeal and submitted that this court has dismissed Civil Miscellaneous Appeal No.724/2012 preferred by non-claimant/appellant for quashment of the award, holding that learned Tribunal was right in holding it to be a case of contributory negligence. It is therefore prayed that appeal be dismissed. 4. Learned Tribunal, on the basis of documentary evidence i.e. site-plan, recorded a finding that accident took place in mid of road and that it was on account of negligence of deceased to the extent of 50% and rightly held it to be a case of contributory negligence. Age of deceased at relevant time was taken to be 15 years and, on the basis of principles laid down by this Court in Smt. Malti & 52 ors. vs. M.K.Vasu (2008 (1) WLC (Raj.) 589), wherein for death of a child of age group of 10 to 15, a sum of Rs.2,25,000/- was awarded as compensation, learned Tribunal awarded a sum of Rs.2,25,000/- for loss of dependency and holding deceased negligent to the extent of 50%, reduced it to Rs.1,12,500/-. Learned Tribunal also awarded a sum of Rs.44,250/- for medical expenses, thus a total sum of Rs.1,56,750/- has been awarded as compensation. 5. Award of learned Tribunal is based on well discussed evidence and it has given sound reasons while recording its findings. I do not find any ground to interfere with impugned award. Appeal is accordingly dismissed.