1. Heard learned advocates for the parties and perused the papers on record.
2. The appellant herein has challenged the award dated 16.12.2000 passed by the Motor Accident Claims Tribunal (Main), Bhuj-Kutch in Motor Accident Claims Petition No. 8 of 1997 so far as the Tribunal awarded only Rs. 99,600/- as compensation with interest at 12% per annum after considering contributory negligence of 80%-20% on the part of the appellant and the original opponent no. 1.
3. It is the case of the appellant that on 08.09.1996 while the appellant was riding scooter, a motorcycle bearing registration no. bearing registration no. GJ-12 E 5161 being driven by the original opponent no. 1 in a rash and negligent manner came from the opposite side and dashed with the scooter as a result of which the appellant sustained injuries on various parts of the body. The appellant therefore filed claim petition to the tune of Rs. 7,00,000/-. The Tribunal after hearing the parties passed the aforesaid award.
4. Mr. Vora, learned advocate appearing for the appellant submitted that the Tribunal failed to take into consideration the entire facts of the case and evidence on record and thereby erred in awarding adequate amount under various heads. He submitted that the Tribunal has wrongly assessed contributory negligence to the extent of 80% on the part of the appellant and that at the most it ought to have been assessed at 20%.
5. As a result of hearing and perusal of records, this court is of the view that considering the evidence on record and the facts and circumstances of the case, the Tribunal came to the conclusion that the appellant sustained injuries as a result of the negligent driving of the appellant as well as the original opponent no. 1. The Tribunal has observed that the say of the appellant that the motorcyclist tried to overtake a maruti car was not mentioned in the FIR or the statement of the appellant made before the police. From the panchnama it is borne out that the scooter was lying on the wrong side of the road whereas the motorcycle was on the correct side of the road. The road was wide enough for two vehicles like scooter and motorcycle to pass by. The Tribunal has considered the panchnama of scene of offence and attributed 80% contributory negligence on the part of the appellant. Nothing is pointed out before this Court to take a contrary view. The Tribunal has finally quantified the amount of compensation at Rs. 4,98,000/- and granted 20% of the same being Rs. 99,600/- as compensation to the appellant. This court is in complete agreement with the reasonings adopted and findings arrived at by the Tribunal and therefore do not see any reason for causing interference.
6. In the premises aforesaid, appeal is dismissed. No costs.
(K.S. JHAVERI, J.) Divya//