- (1.) Claimants have preferred this appeal dissatisfied with award dated 03.09.2007 of learned Motor Accident Claims Tribunal (Fast Track No.1), Beawar, District Ajmer, in MAC Case No.72/2007 (229/2006), by which learned Tribunal awarded compensation of Rs.2,00,000/- to claimants for death of Joravar Singh, the husband of claimant no.1 Smt. Pyari Devi. Claimants have approached this court for enhancement of compensation.
(2.) Learned counsel for appellants has made twofold submissions. His first submission is that in view of judgment of a coordinate bench of this court in Yuvraj Vs. Shri Prakash Chandra and Others, S.B. Civil Miscellaneous Appeal No.804/1996, decided on 04.01.2008, it should be held to be a case of contributory negligence at least to the extent of 25% on the part of the deceased, who at the material time was carrying two pillion riders, one female child aged six years and another his widow, and thus 1/4th can be deducted for own negligence and not 50% as has been held by the Tribunal. Second contention is that 1/3rd could not have been deducted for own expenses of the deceased because now in view of the judgment of the Supreme Court in Sarla Verma (Smt.) and Others Vs. Delhi Transport Corporation and Another, 2009 6 SCC 121, only 1/4th should be deducted for own expenses of the deceased where dependents are between five and six. In the present case there are five dependents and therefore 1/4th should be deducted for own expenses of the deceased instead of 1/3rd.
(3.) Learned counsel for the respondents opposed the appeal and submitted that the award of learned Tribunal is just and reasonable and does not call for any interference.;