Nisha Gupta, J. - (1.) THIS Misc. Appeal under Section 173 of the Motor Vehicles Act, 1988 has been filed against the judgment and award dated 29.3.2008 passed by the Judge, Motor Accident Claims Tribunal (Addl. District Judge), Khetri in claim case No. 116/2006.
(2.) THE brief facts giving rise to this appeal are that on 18.9.2006, deceased Vinod Kumar was going on the Motorcycle No. DL -7 -SZ -4745. When he reached near Dada Fatehpura bus stand, a Jeep bearing No. HR -52 -A -0017 being driven rashly and negligently came from the side of Khetri and hit the motorcycle of the deceased. Deceased sustained injuries and ultimately died. Claim Petition preferred before the court below but meager compensation has been awarded. The contention of appellants is that the court below has assessed contributory negligence of deceased upto 30% which is erroneous and the compensation has also been assessed on lower side. The deceased was having 6 dependents and 1/3rd amount has wrongly been deducted for personal expenses. Admittedly, the deceased was government servant (Patwari) but no future prospects have been allowed and for funeral expenses only Rs. 2,000/ - has been allowed. The compensation should also be enhanced appropriately.
(3.) PER contra the contention of the respondents is that deceased was coming from side lane on the high way. It was the duty of the deceased to drive the vehicle vigilantly. It was a head -on collusion hence court below rightly assessed the contributory negligence of the deceased. Fair and reasonable compensation has been awarded, no enhancement is needed.;