JUDGMENT :

Madhav J. Jamdar, J.

1. The Appellants, who are the original claimants, have by way of this First Appeal filed under Section 173 of the Motor Vehicles Act, 1988 challenged the legality and validity of the Judgment and Award dated 19th October 2016 passed by the learned Chairman, MACT, Thane in MACP No. 933/11 seeking an enhancement in the compensation awarded. At this stage only, it is to be noted that although the amount of compensation determined by the learned Tribunal was Rs.2,58,44,336/-, however, only Rs. 1,03,38,144/-was granted, as the learned Tribunal returned a finding of contributory negligence. The Tribunal apportioned the contributory negligence between the deceased and the driver of the offending tempo as 60% and 40% respectively.

2. The Appellants have challenged the said finding of the Tribunal that the accident had occurred due to 60% negligence of the deceased. According to the Appellants, there was no negligence of the deceased and the accident had occurred solely due to the rash and negligent driving of the driver of the offending tempo.

3. It is also significant to note that the said Judgment and Award dated 19th October 2016 is not challenged by the Res