The main legal point established in the judgment is the determination of contributory negligence and the calculation of just compensation under the Motor Vehicles Act, 1988.

JUDGMENT

Gaurang Kanth, J. The present appeal has been preferred by the Appellant being the Insurance Company of the offending Truck bearing No.HR-45-2917 under Section 173 of the Motor Vehicles Act, 1988 ("the Act") against the award dated 31.01.2013 ("the impugned award") passed by the Presiding officer, MACT, Karkardooma Courts, Delhi in M.A.C Petition No. 882/2010.

2. By way of the impugned award, the learned Claims Tribunal held that this is a case of contributory negligence and negligence on the part of the truck bearing no. HR-45-2917 and three wheeler bearing no. HR-45-9155 was assessed as 75% and 30% respectively. Learned Claims Tribunal awarded a compensation of Rs.19,75,000/- (Nineteen Lakhs Seventy Five Thousand rupees) @ 7.5% per annum from the date of filing of the claims petition till realization of the amount. Learned Claims Tribunal directed the appellant, being the Insurance Company of the Truck bearing no. HR-45-2917, to satisfy the 70% of the awarded compensation i.e. Rs.13,82,500/- within a period of one month. Learned Claims Tribunal awarded compensation under the following heads:

FACTS RELEVANT FOR ADJUDICATION OF THE MATTER

3. Facts of the matter as recorded by the learned Claims Tribunal are as under:

"2. The brief facts, as stated by petitioners, are that on 19.08.2009 at about 3.15 p.m. one Sh. Naveen Nagar along with Sikandar Khan, Sh. Amit Kumar, Himanshu Gupta, Parvesh Verma, Arvind and one more person belonging to Bihar along with a lady were travelling in Three wheeler no. HR-45-9155 and when the three wheeler reached near Bus stand, Village Patti Kalyana, a Tanker bearing no. HR-45-2917 driven rashly, negligently and at high speed came from Panipat side and hit the three wheeler due to which Sh. Himanshu, Amit Kumar, Parvesh, Sikandar and Lady from Bihar suffered fatal injuries and died. Sh. Arvind, Naveen Nagar and a person from Bihar sustained grievous injuries."

4. A claim petition (M.A.C. Petition no. 882/2010) was filed u/s 166/140 of the Act by the bereaved parents of the deceased i.e. Respondent nos.1&2/claimants for claiming compensation of Rs.40,00,000/- (Forty Lakh Rupees) towards the death of their deceased son. A similar claim was brought before the learned Claims Tribunal by the parents of another deceased/Sh. Sikandar Khan vide M.A.C Petition No. 881/2010.

5. Vide an order dated 14.02.2012, the learned Claims Tribunal passed an interim award for the sum of Rs.50,000/- in favour of Respondent nos. 1 and 2. Learned Claims Tribunal directed the appellant to deposit 50% of the awarded amount in favour of Respondent nos. 1&2/claimants and rest 50% of the awarded amount will be deposited by Respondent no. 6 i.e. Reliance General Insurance Company Ltd.

6. Vide a common impugned Award dated 31.01.2013, the learned Claims Tribunal disposed of both the aforesaid Claim petitions holding that this is a case of contributory negligence as both the vehicles involved in the accident are negligent. Learned Claims Tribunal assessed the negligence on the part of the truck bearing no. HR-45-2917 and three-wheeler bearing no. HR-45-9155 as 70% and 30% respectively. In the M.A.C Petition no. 882/2010, the learned Claims Tribunal was pleased to award a compensation of Rs.19,75,000/- and directed the appellant and Respondent no.6 to deposit 70% and 30% of the awarded compensation within period of a month.

7. Aggrieved by the impugned award dated 31.01.2013, the appellant, being the insurance company of the Truck bearing No. HR-45-2917, has preferred present appeal praying for quashing of the same.

8. An application C.M. No. 6756 of 2020 has been filed by Respondent Nos. 1&2 for seeking enhancement of the compensation awarded by the learned Claims Tribunal.

9. This Court vide its order dated 03.05.2013 stayed the execution o