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2011 Supreme(Raj) 1340

MOHAMMAD RAFIQ
Nand Ram – Appellant
Versus
Shekh Ali – Respondent


Advocates Appeared
L.L. Gupta, for Appellants;
Satyendra Sharma, for Respondent-National Insurance Co. Ltd.

Hon'ble RAFIQ, J.—Claimants have filed this appeal dissatisfied with award dated 10.10.2007 of learned Motor Accident Claims Tribunal (Additional District Judge (Fast Track No.1), Bundi, in MAC Case No.201/2005, by which learned Tribunal ordered to pay compensation of Rs.1,50,000/- to claimants, against death claim of Rs.6,50,000/-, holding it to be a case of contributory negligence and on that basis deducted 1/3rd out of calculated compensation of Rs.2,25,000/-.

2. Learned counsel, in support of his case, cited a judgment of the Supreme Court in Sudhir Kumar Rana vs. Surinder Singh and Others – AIR 2008 SC 2405 and argued that question which arises in this case has been decided by the Supreme Court in Sudhir Kumar Rana, supra, wherein it has been held that doctrine of contributory negligence ordinarily is not applicable in the case of children with same force as in the case of adults. It was argued that the facts of present case do not make the child aged 16 years, who died in the accident, negligent. The deceased (child) was travelling in the jeep which was driven by respondent driver and that the driver has admitted that he halted the jeep on the bridge but the place where he hal





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