1. This appeal has been preferred against the judgment and award dated 29.09.1998 passed by the Motor Accident Claims Tribunal [Auxi.] Junagadh in M.A.C.P. No. 485/1990, whereby the claim petition was partly allowed and the original claimants were awarded total compensation of Rs. 84,000/- along with proportionate costs and interest @ 12% per annum from the date of the application till its realization.
2. The facts in brief are that on 21.04.19990, while Gurukukhadas, was travelling along with his goods in a richshaw bearing registration no. GTZ 9722, at a particular place, the drivers of the tractor bearing no. GAJ 7943 and trailor no. GTW 7171, in a rash and negligent manner dashed with the rickshaw. As a result of which, Gurukukhudas sustained severe bodily injuries and he died on the spot. The legal heirs of the deceased, respondents herein filed the claim petition,which came to be partly allowed, by way of the impugned award. Hence, this appeal.
3. Heard learned counsel for the respective parties and perused the documents on record. The learned counsel for the appellant has contended that the ratio of negligence of 70 : 30 attributed between the driver of the tractor and driver of the rickshaw is on the higher side. It appears from the panchnama and FIR, that the driver of the rickshaw dashed with the stationary tractor and the deceased died on the spot. Therefore, the ratio of contributory negligence of 70 : 30 attributed by the Tribunal is just and appropriate. Hence, I agree with the findings recorded by the Tribunal regarding contributory negligence and find no reasons to disturb the same.
4. Looking to the evidence on record, the aforesaid finding recorded by the Tribunal is just and proper and I do not find any illegality to have been committed by the Tribunal while recording the said finding. I am in complete agreement with the reasonings given by and the findings recorded in the impugned award and hence, find no reasons to interfere in this appeal.
5. No other contention has been raised by the learned counsel on behalf of the appellant.
6. For the foregoing reasons, the appeal stands rejected. No costs.
[K.S.
JHAVERI, J.] /phalguni/ Top