Amitav Kumar Gupta, J. - (1.) This appeal has been preferred against the order 20.12.2012, passed by learned 5th District Judge -cum -Presiding Officer, Motor Vehicle Accident Claims Tribunal, Hazaribagh, whereby the insurance company was directed to pay Rs. 4,64,901/ -. Being aggrieved and dissatisfied with the award, the appellants have preferred this appeal for enhancement of the compensation on the ground that the learned Tribunal has failed to appreciate that it was not the case of contributory negligence and the principle of res ipsa loquitur is not applicable.
(2.) It is submitted by the learned counsel on behalf of the appellants that C.W. -1 and C.W. -2 were the eye -witnesses to the accident, which took place on 22.02.2006 and they have categorically stated that Tata 407 Mini Truck bearing registration No. BR -13D -0069, i.e., the offending vehicle, was being driven rashly and negligently and it dashed the motorcycle of the deceased and the other motorcycle which resulted in the death of riders of the both the motorcycles and the pillion rider of one of the motorcycles and the Mini Truck turned turtle consequent thereto, Khalashi/Cleaner of said truck died on spot. That the deceased was riding on the motorcycle and was returning home after performing his night shift duty at C.C.L., Parej Area.
(3.) It is argued that in view of the evidences of the eye -witnesses, there was no material evidence on record to arrive at the conclusion by the learned Tribunal that due to contributory negligence of the deceased the accident took place. In support of the same, learned counsel has relied on the decisions reported in : (2014) 4 SCC 511 and (2014) 4 JCR 228 (S).;