The court modified the compensation amount based on revised income assessment and contributory negligence, establishing clearer guidelines for future cases.

JUDGMENT :

1. The present misc. appeal has been filed by the appellants-claimants seeking enhancement of the compensation amount awarded vide judgment dated 01.02.2002 passed by the Motor Accident Claims Tribunal, Bikaner in MAC Case No.240/95.

The learned Tribunal, vide impugned judgment dated 01.02.2002 awarded total compensation of Rs.3,59,000/- in favour of the claimants-appellants. However, on account of contributory negligence, 50% amount was deducted from the awarded compensation and an amount of Rs.1,79,500/- was awarded in favour of the claimants alongwith interest @9% per annum from the date of filing of claim petition i.e. 28.11.1996.

2. Brief facts of the case as pleaded in the claim petition are that on 11.05.1995, Devi Singh was travelling with his family members to his village Thathar. A truck bearing registration No. PCH-8427 coming from Ganganagar was driven rashly and negligently by its driver Jasvindra Singh on the wrong side of the road and hence, collided with another vehicle due to which number of persons including Devi Singh died.

The offending vehicle, on the date of accident, was insured with respondent No.3 – Insurance Company.

3. The appellants-claimants being the wife and children of the deceased, are his dependants. The claimants claimed compensation to the tune of Rs.11,57,000/-. However, the learned Tribunal after framing the issues, evaluating the evidence available on record and after hearing the counsel for the parties, while assessing the monthly income of the deceased to be Rs.1800/-, awarded total compensation of Rs.3,59,000/- in favour of the claimants-appellants. However, on account of contributory negligence, 50% amount was deducted from the awarded compensation and an amount of Rs.1,79,500/- was awarded in favour of the claimants-appellants, the breakup of which is as under:

Learned Tribunal also awarded interest @ 9% per annum from the date of filing of the claim petition.

4. Averring the compensation to be meagre, the claimants appellants have preferred the present appeal. Learned counsel for the appellants raised the following grounds:

i) The learned Tribunal erred in concluding that the present was a case of contributory negligence as the accident occurred solely due to the negligence of Jasvinder Singh, the driver of truck as the offending vehicle was driven by him on the wrong side.

ii) The learned Tribunal erred in assessing the income of the deceased to be Rs.60/- per day i.e. Rs.1800/- per month whereas the deceased was earning Rs.3000/- per month through agricultural activities.

iii) The learned Tribunal erred in computing the future prospects of the deceased @25% only.

iv) The learned Tribunal erred in not awarding the adequate compensation qua the conventional heads.

5. Heard learned counsel for the parties and perused the material available on record.

6. Regarding the first ground, contributory negligence of the deceased as raised by learned counsel for the appellants-claimants, it is evident that the learned Tribunal held both the offending vehicles equally liable for the accident because of the reason that the vehicles collided from opposite directions in the center of the road. However, this Court is of the opinion that the conclusion of both