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2018 Supreme(SC) 424

DIPAK MISRA, A. M. KHANWILKAR
Mohar Sai – Appellant
Versus
Gayatri Devi – Respondent


JUDGMENT

A.M. Khanwilkar, J.

1. This appeal, by special leave, emanates from the judgment and order dated 1st April, 2015 passed by the High Court of Chhattisgarh at Bilaspur in Misc. Appeal (C) No.1100 of 2011, partly allowing the appeal filed by the appellants herein (owner and driver of the offending vehicle) against the award passed by the Motor Accident Claims Tribunal, Koriya, Baikunthpur, Chhatisgarh (hereinafter referred to as “the Tribunal”), in Claim Case No.22/2008 dated 21st September, 2011, on the finding that the deceased was liable for contributory negligence to the extent of 50% and as such, after deducting 50% of the compensation amount, the respondents/claimants would be entitled to a sum of Rs.3,86,500/along with interest at the rate of 7.5% per annum from the date of filing of the claim petition till the date of realization.

2. Briefly stated, the respondents claiming to be the heirs and legal representatives of the deceased Krishna Kumar Sahu alias Tipu Sahu, son of Dashrath Sahu, filed a claim petition before the Tribunal under Section 166 of the Motor Vehicles Act, 1988 (for short “the Act”) for compensation, amounting to Rs.20,21,000/on account of the death of



















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