UNITED INDIA INSURANCE COMPANY LIMITED Vs. JAYABEN WD O MOHANBHAI RATANJI

JUDGEMENT

(1.) In the claim petition instituted by the dependents of the deceased Motor Cyclist who was killed in the course of an accident in which the other vehicle involved was a tanker insured by the appellant- Insurance Company the compensation claimed was in the sum of Rs. 2 0 0 The Tribunal found that the deceased and the driver of the tanker were equally negligent and that both had contributed in equal measure to the happening of the accident. Having made the aforesaid finding the Tribunal proceeded to assess damages. On a consideration of the evidence the Tribunal found that the damages awardable to the claimants under different heads worked out to Rs. 2 84 344 In view of its finding on the issue of contributory negligence however the Tribunal held that the claimants were entitled to compensation in the sum of Rs. 1 42 172 only the said amount being one-half of the damages assessed by the Tribunal as payable to the claimants.

(2.) The sole contention of the appellant is that the Tribunal should have made it liable to pay by way of compensation a sum of Rs. 1 0 0 (being 50% of the amount claimed) only and not Rs. 1 42 172 (being 50% of the assessed damages).

(3.) We are unable to agree. An identical question fell for considera- tion before one of us namely myself in First Appeal No. 523 of 1975 decided on 9/09/1977 under somewhat similar circumstances. In that case the injured claimant had instituted a claim petition wherein the claim for compensation was restricted to Rs. 9 999 The Tribunal on assessment of evidence had found: