Bharat Sigh & Anr. vs State of M.P.

This appeal has been filed by the claimant being aggrieved by the award dated 20.07.2007 passed by the Court of First Motor Accident Claims Tribunal, Gwalior in Claim Case No.33/2006, whereby after assessing compensation at Rs.67,500/-, the Claims Tribunal recording a finding that there was contributory negligence, reduced the claim amount to 50%.

Learned counsel for the appellant has taken this Court to the statement of the claimant, his cross-examination so also to the statement given by respondent no.1 and his cross- examination. It is apparent from the cross-examination of the claimant that no facet of contributory negligence has been attributed in the said cross-examination. In absence of such allegation being made and proved by the respondents, merely on the basis of the fact that criminal cases were compromised before the trial Court, it cannot be said that the respondents were able to prove the facet of contributory negligence. In absence of any such allegation of contributory negligence, the Motor Accident Claims Tribunal was not justified in recording a finding of contributory negligence. On the contrary in cross- examination, respondent no.1 has admitted as under :-

"VERNACULAR MATTER OMITTED"

In view of such admission by respondent no.1, this Court is of the opinion that the facet of contributory negligence was not proved before the Claims Tribunal and therefore the Claims Tribunal erred in reducing the compensation to the extent of 50% and thus to this extent, the appeal is allowed. It is directed that the claimant will be entitled to recover the claim amount in toto as was assessed by the Claims Tribunal, i.e., a sum of Rs.67,500/-, and other terms and conditions of the award shall remain the same as were ordered by the Claims Tribunal.

Certified copy as per rules.