- (1.) The appellants have filed this appeal for enhancement of compensation, which the Tribunal had assessed Rs.4,62,720/- for the death of Rajinder Singh in a motor vehicle accident on 7.12.2005.
(2.) Learned counsel for the appellants argued that the Tribunal wrongly held it to be a case of contributory negligence. The case of the appellants was that on the fateful day, deceased was going from Pathankot to his Unit on motorcycle, which was being driven by Gurvinder Singh and deceased was the pillion rider. The motor-cycle hit against a stationery truck parked negligently without any indication. Both the driver and pillion rider of the motor-cycle died.
(3.) Learned counsel for the appellants contended that the entire negligence was of the person parking the truck on the road without any indication on it and, therefore, at about 9.00 p.m, the motor-cyclist could not see the truck and rammed into it.;