- (1.) HEARD learned counsel for the appellant, learned counsel for the respondent and perused the record.
(2.) THE instant appeal has been preferred under Section 173 of Motor Vehicles Act 1988 ( for short referred as "the Act") against the judgment and award dated 29.08.2009 passed by Motor Accident Claims Tribunal / District Judge, Raebarely in Motor Accident Claim No. 165 of 2008 under Section 163 -A of the Act, whereby before granting other necessary benefits from the total compensation a reduction of 50% has been made from the amount calculated under loss of dependency on account of contributory negligence of the deceased.
(3.) A perusal of the impugned award reveals that the tribunal after holding the notional income of the deceased to be Rs. 3,000/ - per month, i.e., Rs. 36,000/ - per annum deducted 1/3rd income as personal expenses of the deceased. The balance of Rs. 24,000/ - on account of age of 27 years of deceased was multiplied by the multiplier of 18 calculating the loss of dependency as Rs. 4,32,000/ -. Thereafter, holding 50% contributory negligence to be also of the deceased reduced the said amount by half as to calculate the loss of dependency as Rs. 2,16,000/ -. To this Tribunal added Rs. 5000/ - for loss of consortium, Rs. 2000/ - for funeral expenses and Rs. 2,500/ - for loss of Estate. Total amount of compensation was thus assessed by the Tribunal as Rs. 2,25,000/ - payable to the claimant appellant alongwith 6% simple interest from the date of filing of the petition till payment. The question involved in the present appeal is as to whether in a claim under Section 163 -A of the Act contributory negligence can be taken into account by the tribunal while awarding the compensation, and on that basis as to whether compensation awarded is just and proper.;