Parth Prateem Sahu, J. - (1.) By this instant appeal, appellants/claimants assailed the legality, validity and propriety of impugned award dated 28/09/2012 passed by learned Additional Motor Accident Claims Tribunal, Bemetara, District Durg, Chhattisgarh (hereinafter referred to as 'Claims Tribunal') in Claim Case No.13/2012, whereby learned Claims Tribunal partly allowed claim application filed by appellants/claimants holding that driver of motorcycle i.e. Shivnath Devangan as well as pillion riders of motorcycle including Suraj Nirmalkar bearing registration No.CG 07/M/0565 (hereinafter refereed to as 'motorcycle') was contributory negligent to the extent of 50% and awarded total compensation of Rs.2,06,000/- in a death case and fastened liability of payment of compensation on owner and driver of truck bearing registration No.CG09/B/0175 (hereinafter referred to as 'offending vehicle').
(2.) Appellants/Claimants filed this appeal seeking enhancement of amount under award as well as challenging the finding of contributory negligence.
(3.) Brief facts for disposal of this appeal are that on 25/12/2011, at about 11.30 pm, when deceased Suraj Nirmalkar was travelling as a pillion rider on a motorcycle along with his other three friends, namely, Shivnath Devangan, Manohar and Ramkumar, at that relevant time, motorcycle met with an accident with stationary offending vehicle, which was parked on road without there being indicator or parking light. Motorcycle is said to be driven by deceased Shivnath Devangan.;