- (1.) THIS appeal, preferred under Sec tion 110-D of the Motor Vehicles Act, 1939, is directed against the judgment and award dated 29-07-1983, passed by M. A. C. T. /district Judge, Pithoragarh in M. A. C. Case No. "14 of 1981, whereby a sum of Rs. 23, 466/-has been awarded with interest at the rate of 6% per annum thereon as com pensation to the claimants/appellants.
(2.) BRIEF facts of the case, are that a claim petition under Section 110-A of the Motor Vehicles Act, 1939 was moved by the claimants Chandra Devi, Saraswati Devi and Lal Singh, before the M. A. C. T. /district Judge, Pithoragarh. As per the contempt petition on 05-11-1980, Kedar Singh Negi (deceased) boarded the passenger bus registration No. U. P. D. /188 at Tanakpur on his way to Pithoragarh. At about 11:30 A. M. a truck registration No. U. T. F. /4293, owned by respond ent No. 4 was coming from the oppo site direction towards Tanakpur. It ap pears that when the aforesaid bus and the truck were crossing each other an accident took place. It is alleged that due to rash and negligent driving on the part of the driver of aforesaid truck, Kedar Singh Negi got head injuries and he succumbed to his injuries. It is further alleged that the deceased was 24 years of age at the time of accident and was employed in Hindustan Petroleum Corporation Ltd. in Bombay. His earn ing at the time of death was Rs. 1057. 54 per month. Claimant Smt. Chandra Devi is widow of the deceased and claimants Saraswati Devi and Lai Singh are the parents of the deceased. It was further alleged in the claim petition that deceased used to contribute Rs. 700/- per month to the claimants. With these allegations an amount of Rs. 2, 31, 100/- was claimed as compensa tion by the claimants/appellants. The owner and driver of the bus in question, filed their written state ments and contested the claim petition in which it was alleged that there was rash and negligent driving on the part of the driver of the truck and not on the part of the driver of the bus. The op posite party No. 4, the owner of the truck, also contested the claim petition by filing separate written statement in which it was alleged that his vehicle was in the extreme left of the hill road and the accident in question has not occurred due to the negligence on the part of the driver of the truck, Narain Singh. Opposite party No. 5, United India Insurance Co. Ltd. , the insurer of the truck registration No. U. T. F. /4293 has filed its separate written statement and contested the claim. However, the Company has admitted that the truck was insured with it and its liability was up to the limit of Rs. 50, 000/- The Tribunal framed following issues, during the trial: 1. Whether, truck registration No. U. T. F. /4293 was stationary when the accident took place? 2. Whether, the accident took place due to the rash and negligent driving on the part of the driver of the truck registration No. U. T. F. /4293 or it occurred due to the driver of the bus registration No. U. P. D. /188, or the both? 3. To what extent the negligence on the part of the deceased, if any, contributed to his death? 4. What was the age of the de ceased at the time of his death and what was his monthly in come?
(3.) WHAT amount was the deceased contributing towards the mainte nance of the applicants I claim ants every month? To what compensation, if any, the claimants are entitled and the extent to which each of the op posite parties, if any, is liable? 5. After recording the evidence and hearing the parties, the tribunal came to the conclusion that the truck registration No. U. T. F. /4293 was not stationary at the time of the accident and the accident has occurred due to the rash and negligent driving on the part of the driver of the truck registra tion No. U. T. F. /4293. However, it was further found by the Tribunal that the deceased himself was also negligent in keeping his head out of the window of the bus. The Tribunal further found that the total loss of dependency including the consortium suffered by the claim ants was Rs. 70, 400/- as the deceased was aged 24 years who was earning about Rs. 1, 000/- per month out of which he was contributing Rs. 700/- per month towards maintenance of his fam ily. The Tribunal also concluded that the United India Insurance Co. , with whom the truck was insured, is liable to make the payment, but reduced the amount of compensation on Rs. 23, 446/- on account of the fact that the contributory negligence on the part of the deceased was 2/3 in the accident in question. Aggrieved by the same, the claimants/appellants have preferred this appeal for enhancement of the amount of compensation. 6. I heard learned counsel for the parties and perused the record sum moned from the tribunal.;