FAO No. 1230 of 1999 Present: Mr. R.K.Gautam, Advocate for the appellants. Mr. R.C.Kapoor, Advocate with Mr. S.K.Passi, Manager of the National Insurance Company. *** The learned Tribunal has held that the present was a case of contributory negligence. The Tribunal further held that just because the father of the deceased boy was working, therefore, his mother and father could not be held to be dependent upon him. I have been able to persuade the officers of the insurance company to agree to a sum of Rs. 75,000/- since in my view the finding that there can be no dependancy is wrong and if that is set aside and compensation is worked out, and thereafter reduced by 50% because of contributory negligence, it may come to a larger amount. As agreed, as per statements of the representative of the Insurance Company and counsel for the appellants, separately recorded, a sum of Rs.75,000/- ( Rupees Seventy Five Thousand only) over and above the amount awarded by the Tribunal is awarded to the appellants in full and final settlement of the claim. Two months' time is allowed to the Insurance Company to deposit the amount before the MACT. The enhanced amount would be paid to the appellants and would be disbursed to them by the Motor Accident Claims Tribunal in accordance with law. In case the amount awarded by this Lok Adalat is not deposited within two months' time, Insurance Company will also be liable to pay interest @ 9% per annum from today till the actual deposit with MACT. The appeal is disposed of accordingly. Copy of the order be supplied/sent to the counsel/parties and file be returned to the High Court. (AJAY TEWARI) JUDGE (K.KANNAN) JUDGE December 11, 2008 sunita