HIOH COURTOFCHHATnsaWlH AT BIIASPUR DWISIONBENGH CORAM: APPELLANTS/ GLAn M*TC- RESPONDENTS: W»l'Bt£SHRiyAGDISHBWU.Ut,^.Ci).» HCMt'BLESHre DIUP RAOSAHEB DESHMUKH, J. Mlscellaneous ABBealtClNB.812of200l7 1. Smt Aruna Bal, W/o LateRohlt Kuroar Thakur, aged about 30 yrare. 2. Yogesh Kumar, S/o Late Rohlt Kanar Thakur, sged.aboutlZyeare. 3. Jhaneena Bai, D/o Late Rotiit Kumar Thakur, aged about 10 years. 4 Gulshan, S/o L^te RohitKumar Thalair, aged aboutByeara. 5. Bana Thakur, S/o Late 1-achchan Ram Thakur Aged about 65 years Minor Appellant No.2 to 4 are represented fcytheiFtetural Guarelian& MotherSmt; Aruna Bai, AHaellartNo.1. All R/o Vill2®e Jorafaral, Tehsil Gunderdehi, Thana Ranehirat, Distitet Duig (C.G.) VERSUS 1. Rohlt Kumar Dewangan, slo Tulsiram Dewangan, R/o 256 Cliowl^ Pa»lar Dalli (Datli Rajhara) Tehsil & Tftana- Dalli Rajhara, Duig, C.G. (Driver of the Vehicle Swaiq MsGKla bearingRegd.No. OG08/B0533) 2. Sandeep Kumar Jain, sto Prakash chand Jain, R/o Vill^e and Post Samtalpur, Tehsil and District Kaiker Present Address Kailash Nagar, Rajnand^Kin, Tehsit & Dtetrict Rajnanclgaon, C.G. (Owner of the Vehtele Swarai) Mazda bearingRegtf. No. OG08/aD533) 3. National Insurance Comfsny Umitect Through ite Dhflsional Manager, National Insuranee Company Uroted, Akash Ganga, Supela Bhilai, Tehsil and District Duig, C.G. (Insurer of the Vehfete SwaiaJ Mazda bearing Regd. No. CG 08/B0533) ~i- ACBSSI under Sectton 173 <rf Motor Vehtole AcL 1988 Present: Shri Avinash Sahu, counsel tbr the appellants. ORALORDBt (Pa»edoniy Juty, 2007) The following oral order of the Court uas (assed ty Dlllp Raosaheb Deshmukh, J. Heard. The only point uiged by leamed counsel tbr the appellants m thfe appeal for enhancement (rf compensation in a case rf accidental deatti is that the teamed MACT erred in reducing 30% of thecompensation towards contributory negligence of the driver of the truck in whtch the deceased was travelling. However, we are unabte to agree with the contentton of leamed counsel fortheappellantsbecausethe impugned award cteirly showsthalit is a case of head on coltuston between two vehiclesl.e. Swaraj Maala and truck in which the deceased was travelling, whioh resulted in death of the deceased and therefbre, the Tribunal ought to have cteducted atteast 50% of the compereation towards contributory negligerKie. In ttiat view of matter, we do not findany reasonto interfere In the Impigned award. The appeal being devokl dl merit is dismissed at the stage of acfrnisston Uself. Sd/- Ag ChieT.lustice Sd/- 0»,,^^" ,tlH»Ukh fa-'l-l^