SHANTI DEVI MEENA AND ORS. Vs. HARPHOOL AND ORS.
LAWS(RAJ)-2009-2-176
HIGH COURT OF RAJASTHAN
Decided on February 12,2009

Shanti Devi Meena And Ors. Appellant
VERSUS
Harphool And Ors. Respondents

JUDGEMENT

Guman Singh, J. - (1.) This appeal has been preferred on behalf of the dependents of deceased Phool chand Meena for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Jaipur city, Jaipur vide judgment dated 22.9.1999 whereby a sum of Rs. 2,23,000/- was awarded by way of compensation out of total assessed amount of Rs. 4,46,000/- on account of contributory negligence of the deceased.
(2.) The claimant-appellants have preferred this appeal on the ground that the learned Tribunal has failed to appreciate the evidence in proper perspective on the point of negligence by giving finding of 50% contributory negligence on the part of the deceased-Motor Cyclist.
(3.) Briefly stated the facts of the case are that on 21.9.98 at about 10.00 a.m. in the morning, deceased Phool Chand was going from village Rooppura towards village Sambhariya on his motor cycle and he met with an accident with bus No.RJ-14P-1921 coming from opposite direction at Sambhariya turn. The accident was reported at P.S. Shivdaspura where case was registered under Sec. 279 and 304A IPC.;


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