R.K.GAUBA,J. - (1.) Prabhu Mahto, aged about 42 years, earning his livelihood as a driver of a three wheeler scooter (TSR) was driving his TSR bearing registration no.DL-1RL-0704 with his nephew Rajesh Mahto (PW-2) travelling with him on the way to Nizamuddin Railway Station on 29.07.2010 when in the area of Khel Gaon flyover it was involved in a collision with a tractor trailor-3516 bearing registration no.HR-38C-5494 (offending vehicle). As a result of the injuries suffered in the said collision, Prabhu Mahto died. His five children, first to fifth respondents (claimants), instituted an accident claim case (petition no.548/2010) on 28.08.2010 seeking compensation impleading the driver, owners and insurer of the offending vehicle as respondents, they now being first to fourth respondents in appeal. It was alleged in the said petition that the accident that occurred, and resulted in death due to negligent driving of the offending vehicle.
(2.) Upon inquiry, by judgment dated 07.05.2013, the Motor Accident Claims Tribunal (tribunal) upheld the case of the claimants to above effect. The said finding has since attained finality as it was not challenged further. By the aforesaid judgment, the tribunal awarded compensation in the sum of Rs.8,67,448/- with interest at the rate of 7.5% in favour of the claimants calculating it thus : 8,12,448/- Loss of dependency 10,000/- Loss of Consortium 25,000/- Loss of love and affection 10,000/- Loss of Estate 10,000/- Funeral expenses
(3.) While discussing the evidence with regard to the negligence, however, the tribunal found that the deceased person driving the TSR was also guilty of contributory negligence to the extent of 20% and thus, amount of compensation assessed was reduced correspondingly.;