LAWS(P&H)-2017-2-349

SURESH Vs. KAUSHAL KUMAR AND OTHERS

Decided On February 13, 2017
SURESH Appellant
V/S
Kaushal Kumar And Others Respondents

JUDGEMENT

(1.) The appellant-claimant has filed the instant appeal seeking modification of award dated 29.03.2014 passed by the Motor Accident Claims Tribunal, Sonepat (for brevity, the Tribunal) to the extent of inadequacy of compensation awarded on account of death of Piari, the mother of the appellant and the finding holding it a case of contributory negligence.

(2.) The accident took place on 26.08.2012 at about 6:30 a.m. when the vehicle bearing No. HR55H-6547 dashed into a stationary canter No. HR55J-6567, resulting in the death of Piari, mother of the appellant and other occupants of the vehicle.

(3.) The main submission on behalf of the appellant is that the Tribunal had gone wrong in holding the driver of the van, in which the deceased was travelling, liable for causing the accident and apportioning their liability to the extent of 30%. He further urges that the amount of Rs.20,000/- awarded for loss of estate is on the lower side.