- (1.) Heard learned counsel for appellant.
(2.) This appeal under section 173 of Motor Vehicle Act, 1988 (hereinafter referred to as the Act, 1988 ) is preferred by New India Assurance Company Limited against judgment and award dated 6.8.2016 passed by Sri Gulab Singh II, Motor Accident Claims Tribunal / Additional District Judge, Court no. 12, Bulandshahar in MACP No. 419 of 2014, whereby compensation of Rs. 6,30,176/- was awarded to claimants-respondent against claim of Rs.28,82,000/- claimed for death of sole bread winner.
(3.) Learned counsel for appellant has pressed its challenge to the judgment and award on the following grounds only: (i) That compensation awarded is higher than what claimants were entitled to, as they are not dependent on deceased, and they are not entitled for compensation on the basis of dependency but are entitled for compensation only on non pecuniary basis namely amount under No fault liability. (ii) That Tribunal committed a glaring error in not invoking principle of contributory negligence in present case.;