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2017 Supreme(Raj) 1228

P.K.LOHRA
Sua W/o late Shri Roopa Ram – Appellant
Versus
Naresh Kumar S/o Shri Balram – Respondent


Advocates Appeared:
For the Appellants : Mr. L.K. Purohit
For the Respondent: Mr. L.D. Khatri, Mr. Mahesh Thanvi, Mr. Bhawani Singh

JUDGMENT :

P.K. Lohra, J.

Appellant-claimants, dependents/legal heirs of Roopa Ram, have preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 (for short, 'the Act') seeking enhancement in compensation quantified and awarded by Motor Accident Claims Tribunal, Jodhpur-I (for short, 'learned Tribunal') by its judgment and award dated 10th of December, 2002. Learned Tribunal, by the award impugned, has determined total amount of compensation to the tune of Rs.5,50,000/- under different heads but awarded 50% of compensation, i.e., Rs.2,75,000/- on account of contributory negligence apportioned equally between drivers of both the vehicles.

2. In brief, facts of the case are that on 06.01.1999, when bus bearing registration No. RNM 5415, driven by Roopa Ram, reached Tikado Ki Dhani at about 10:00 PM, a truck bearing registration No.RJ-15-G-0105 driven rashly and negligently by its driver hit the bus on frontal side. Due to said accident, front portion of the bus got damaged and Roopa Ram suffered grievous injuries and thereby succumbed on spot. The appellant-claimant



























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