Attribution of contributory negligence requires evidence of negligence or rashness on the part of the deceased, and the absence of a valid driving license alone is not sufficient for such attribution.

Appellants are the original claimants, who have preferred this appeal, challenging the judgment and award dated 23/12/2005 passed by the Member, Motor Accident Claims Tribunal, Akot, Distt. Akola in Claim Petition No. 48/2005, being aggrieved by the inadequate amount of compensation awarded by the Tribunal.

2. Brief facts of the appeal, can be stated as follows :

Appellant no.1 is the widow and appellant nos. 2 to 5 are the minor children of the deceased Shatrughan. At the time of accident, his parents were also alive and they were added as claimant nos.6 and 7. During pendency of the claim petition, they have died, hence their names came to be deleted. Deceased Shatrughan was working as ASI at Police Station Telhara, District – Akola. At the time of accident, his age was of 45 years and he was the only earning member of his family, getting salary of Rs.6,240/- per month.

3. On the date of accident, on 04/10/2001, when deceased was coming from Akot to Telhara along with his colleague Arun Gopnarayan on his motorcycle, one Jeep bearing no. MH-30-B-7310 came from opposite direction in high speed and gave dash to the motorcycle of the deceased, as a result deceased Shatrughan succumbed to injuries on the spot, whereas his colleague was also seriously injured. As the cause of his death was the rash and negligent driving of the Jeep driver, who is respondent no.1 herein, appellants filed claim petition under section 166 of the Motor Vehicles Act, 1860 (hereinafter will be referred to as "Act" for convenience) before the Tribunal against respondent no.1 the driver, respondent no.2 – the owner and respondent no.3 – insurer of the said Jeep, claiming compensation of Rs.10,00,000/-.

4. Respondent nos.1 and 2 did not participate in proceeding as they remained absent despite duly served with notice. Respondent no.3 – insurance company alone resisted the claim petition admitting the factum of accident, involvement of the Jeep and also valid insurance of the said Jeep, however, denied the cause of the accident as rash and negligent driving of the Jeep. It was contended that deceased was not holding valid driving licence and as a result, accident has taken place which was of head on collision, and hence there was at least some contributory negligence on the part of deceased also. Respondent no.1 – Jeep driver alone cannot be held liable for the accident that has ensued. Respondent no.3, therefore, claimed for dismissal of the petition.

5. On these respective pleadings of the parties, learned Tribunal framed necessary issues for it's consideration vide Exh.28. In support of their case, respondent no.1 examined herself and also led the evidence of the pillion rider, Arun Gopnarayan. She further produced the salary certificate of deceased on record. On behalf of the respondent no.3, no evidence was led.

6. On appreciation of the evidence adduced by appellants-claimants, the Tribunal was pleased to hold that though the cause of the accident was the rash and negligent driving of the Jeep, as at the relevant time, deceased was not proved to be having valid driving licence, he was held responsible for contributory negligence to the extent of 30% and accordingly having regard to the salary certificate and the age of the deceased, granted compensation of Rs.3,24,730/- to appellants from respondent nos.1 to 3 jointly and severally.

7. This judgment of the Tribunal is subject matter of the present appeal. Respondents herein have not preferred any appeal or cross objection challenging the findings of the Tribunal, and hence as matter of fact, the only issue which can arise for my determination in this appeal preferred by appellants-claimants, is about the quantum of compensation. Hence this court need not enter in to the finding of fact arrived at by the Tribunal that the cause of accident was the rash and negligent driving of the Jeep driver.