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2012 DIGILAW 987 (RAJ)

Ashok Kumar Aharwar v. Komal Singh

2012-04-18

MOHAMMAD RAFIQ

body2012
RAFIQ, J.—Non-claimant has preferred this appeal aggrieved by award dated 14.11.2011 of learned Motor Accident Claims Tribunal (Additional District Judge) Fast Track No.1, Bharatpur, in MAC Case No.321/2011. 2. Contention of learned counsel for appellant is that appellant is driver and owner of the vehicle. Appellant was fully vigilant while driving the vehicle and he was not at all negligent. Accident took place in middle of road and it was deceased, on account of whose negligence the accident took place and learned Tribunal committed an error in recording its finding that deceased was 50% responsible for the accident. Deceased was careless in crossing the road on bike as he did not see both sides of road. 3. Learned counsel for respondent opposed the appeal and submitted that learned Tribunal did not award suitable compensation and claimants have also preferred an appeal for enhancement thereof, therefore, it is prayed that this appeal may 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 accident took place 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. 6. Appeal is accordingly dismissed. Consequent upon dismissal of appeals, stay applications, filed therewith, do not survive and same are also dismissed.