MOHINDER PAL, J. - (1.) AGGRIEVED from the judgment and award dated 23.11.2012 passed by Motor Accident Claims Tribunal (Main), Sabarkantha at Himatnagar made in Motor Accident Claim Petition No.40 of 2011, the appellant -Insurance Company of the Truck has come in appeal before this Court.
(2.) BRIEF facts of this case are that on 28.12.2010, one Hareshbhai was coming to Himatnagar by driving Tata Indigo car bearing No.GJ -1 -HL -9879 from Village: Mubarakpura as some masonary work was going on over there. He was accompanied by Hemtaji Bhanaji and Jivabhai etc. When they reached near vicinity of Village: Devpura on Vijapur Himatnagar road, at that time at about 12.30 a.m., a Truck bearing No.GJ -9 -Y -6822, driven by opponent No.1 in rash and negligent manner and dashed with the car. As a result of this accident, occupant of car received injuries. The driver received fatal injuries and died. Brother of the deceased reported the matter to the Police on the basis of which First Information Report (FIR) was registered. Panchnama was also prepared and after completing the formalities, case under Section 279, 304 of Indian Penal Code etc. was registered against the driver of the truck.
(3.) IN the claim petition, legal heirs of the deceased including his mother and brothers, etc. filed Claim Petition seeking compensation of Rs.7 Lacs. The Tribunal taking into account the income of the deceased to Rs.3,000/ -p.m., awarded compensation of Rs.3,32,000/ - in this case. Aggrieved from this award, the present appeal has been preferred. Learned counsel for the petitioner has submitted that it was a case of contributory negligence. According to him, drivers' side of both the vehicles collided with each other and keeping in view brake marks on the road, it was a case of contributory negligence and the judgment of the Tribunal is liable to be intervened in this case.;