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VIVEK AGARWAL
Saroj – Appellant
Versus
Raghuveer Singh – Respondent
1. This miscellaneous appeal has been filed by the appellant being aggrieved by the award dated 28.9.2000 passed by the Court of Additional Motor Accident Claims Tribunal, Sabalgarh, District Morena, in Claim Case No.24/97, whereby the Claims Tribunal has awarded a sum of Rs.50,000/- recording a finding that the deceased Jaisingh died because of his own negligence and therefore, the claimants are entitled only to a sum of Rs.50,000/- under the provisions of section 140 of the Motor Vehicle Act.
2. It is submitted by learned counsel for the appellants that this award suffers from legal infirmity inasmuch as there was no material on record to show negligence of the deceased driver Jaisingh. It is submitted that since there is no negligence on the part of the driver and Insurance Company has failed to discharge this burden of negligence of deceased driver- Jaisingh, therefore, the claimants are entitled to the claim amount considering the notional income of the deceased to be even Rs.1,500/- per month, then the award should have been made in favour of the claimants. Learned counsel for the appellants has placed reliance on the judgment of Division Bench of this Court in the case
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