JUDGMENT :

SUDEEPTI SHARMA, J.

1. The present appeal has been preferred against the award dated 05.08.2024 passed in the claim petition filed under Sections 166 and 140 of the Motor Vehicles Act, 1988 by the learned Motor Accident Claims Tribunal, Jind (for short, ‘the Tribunal’) for enhancement of compensation granted to the claimants to the tune of Rs.8,53,500/- (i.e half of Rs.17,06,000/- on account of contributory negligence of the deceased) along with interest @ 9% per annum, on account of death of Ram Niwas in a Motor Vehicular Accident, occurred on 14.10.2022 as well as making appellant liable for contributory negligence.

FACTS NOT IN DISPUTE

2. Brief facts of the case are that Ram Niwas (since deceased) was employed as a Mechanic Operator with Laxmi Enterprises, situated near Police Post, Hansi Road, Jind. On 14.10.2022 at about 09:00 PM, he was proceeding to his workplace to perform night shift duty on his motorcycle bearing registration No. HR-08V-8740. His nephew, Sunil Kumar, was also travelling with him and alighted from the motorcycle at Hansi Flyover, Patiala Chowk, Jind. Thereafter, when Ram Niwas was ascending the flyover, a truck bearing registration No. HR-45C-4160 (hereinafter referred to as “the offending vehicle”) was moving ahead of his motorcycle. It is alleged that respondent No.1, the driver of the offending vehicle, while driving in a rash and negligent manner in the middle of the road, suddenly applied brakes without any signal or indication. As a result thereof, the motorcycle of the deceased struck against the rear of the offending vehicle, causing grievous injuries to him. On receiving information, Sunil Kumar rushed to the spot. However, the driver of the offending vehicle fled away from the scene after the accident. Sunil Kumar noted down the registration number of the truck and shifted Ram Niwas to Civil Hospital, Jind, where he was declared dead. Post-mortem examination was conducted on the dead body of the deceased. In respect of the accident in question, FIR No. 0539 dated 15.10.2022 under Sections 279 and 304-A IPC was registered at Police Station City, Jind on the statement of Sunil Kumar.

3. Upon notice of the claim petition, the respondents appeared and filed their separate replies denying the factum of accident/compensation.

4. From the pleadings of the parties, the Tribunal framed the following issues:-

“1. Whether the accident in question was caused on 14.10.2022 at about 09:30 PM in the area of near Patiala Chowk, Jind due to rash and negligent driving of respondent No.1 while driving vehicle bearing registration No.HR-45C-4160 resulting into death of Ram Niwas son of Amar Singh, as alleged? OPP.

2. If issue No.1 is proved, whether the petitioners are entitled to any compensation and if so to, what extent and from whom? OPP.

3. Whether there is violation of any terms and conditions of the insurance policy? OPR (Insurance Company).

4. Relief.”

5. After taking into consideration the pleadings and the evidence on record, learned Tribunal has awarded compensation to the appellants/claimants. However, 50% of the compensation was awarded to the appellants/claimants on account of contributory negligence of the deceased. Hence the present appeal.

SUBMISSIONS OF LEARNED COUNSEL FOR THE PARTIES

6. Learned counsel for the appellants/claimants contends that the amount assessed by the learned Tribunal is on the lower side and deserves to be enhanced. Further that learned Tribunal has erred in law in holding that accident occurred as a result of contributory negligence of the deceased (50% of the driver of the offending vehicle and 50% of the deceased-Ram Niwas). Therefore, he prays that the present appeal be allowed and contributory negligence be set aside. The compensation be enhanced as per latest law and the Insurance Company be held liable to pay full compensation to the appellants/claimants.

7. Per contra, learned counsel for respondent-Insurance Company, however, vehemently argues that the award has rig