Advocates:
['ARVIND KUMAR LALL', '', 'PRADEEP NATH TIWARY', 'ANUPAMA NAGESH', 'S S PRASAD', 'BASAV CHATTERJEE']

IN THE HIGH COURT OF JHARKHAND AT RANCHI

Misc. Appeal No. 315 of 2007

1. Md. Dukhi @ Md. Dukhi Miyan

2. Bibi Hasina

....

…. Appellants

Versus

1. Parwati Thakur

2. The New India Assurance Company Ltd., Ranchi

....

.... Respondents

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CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY

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For the Appellants

: M/s Arvind Kr. Lall, Pradeep Nath Tiwari,

S.S. Prasad & Anupama Nagesh, Advocates

For the Respondents

: Mr. Basav Chatterjee, Advocate

C.A.V. ON 15.12.2021

PRONOUNCED ON 18 / 01 / 2022

1.

Claimants have preferred the appeal for enhancement of com-

pensation in Compensation Case No. 278/2003 whereby compensation

has been awarded for the death of Md. Ehshan in a Motor Vehicle acci-

dent caused by rash and negligent driving of Mahindra Commander Jeep

bearing Registration No. JH-01-D-6213.

2.

The claim for enhancement has been inter alia made on the

ground that the learned Tribunal held that the deceased was travelling on

the roof of the vehicle and he was therefore liable for contributory negli-

gence. It is contended that the provision of