Kaushal Jayendra Thaker, J. - (1.) This matter was heard on 11.2.2019 and was allowed. However, while going through the record it was not clear whether the deceased was a non tort feasor or was the driver of the jeep as the Tribunal had deducted 25% from the total awardable amount, therefore, matter was kept for today i.e. 15.2.2019 for further hearing.
(2.) Heard Sri Rishi Bhushan Jauhari, Advocate holding brief for Sri B.B.Jauhari, learned counsel for the appellant and Sri Radhey Shyam, learned counsel for the respondent. Sri M.P.S. Chauhan, learned counsel for the respondent has absented himself even today.
(3.) This appeal, at the behest of the claimants, has been preferred against the judgment and order dated 21.10.2004 passed by Additional District Judge/Motor Accident Claims Tribunal, Court No.6, Shahjahanpur (hereinafter referred to as 'Tribunal') in M.A.C.P. No. 49 of 2004 awarding a sum of Rs.6,96,880/- with interest at rate of 6% as compensation in favour of the claimants. In fact the Tribunal had awarded a sum of Rs.9,15,840/- and has deducted 25% holding that the claimants would not be entitled to 25% of awarded amount from the total compensation. The reasoned assigned is that the driver of the jeep according to the Tribunal contributed to the tune of 25% as there was head on collision. However, the said finding is not recorded in the issue where negligence has been decided but is reflected in the issue where compensation is fixed. This is also a ground of challenge.;