J U D G M E N T

G. P. MITTAL, J.

1. The Appellant India Lease Development Ltd. impugns a judgment dated 04.01.2011 whereby a compensation of ‘7,41,000/- was awarded in favour of Respondents No.1 to 5.

2. The contentions raised on behalf of the Appellant are:

i) The Appellant was the financier and lessor of Vehicle No.DL-2CB-2575 leased to the Seventh Respondent (Anil Kumar). According to Section 2(30) of the Motor Vehicles Act where a vehicle is subject to Hire Purchase Agreement or an Agreement of Lease, the person in possession of the vehicle under that agreement is liable as owner thereof and not the Financier.

ii) The deceased was travelling as a pillion rider on a two-wheeler without wearing any helmet. Therefore, the deceased has contributed to the accident and his consequent death.

iii) There was clerical mistake in the computation of loss of dependency as the Claims Tribunal, on account of clerical mistake, took the same as ‘2,719/- and rounded it off to ‘2,750/- instead of ‘ 2,179/- to calculate the total loss of dependency.

iv) The Appellant moved an application to implead Vijay Kumar as he had obtained the vehicle on superdari and was in actual possession of the vehicle. He w