1. Heard learned advocates for the parties and perused the papers on record.
2. The appellant herein has challenged the award dated 07.02.2005 passed by the Motor Accident Claims Tribunal, (Main) Rajkot in Motor Accident Claims Petition No. 748 of 1994 so far as the Tribunal awarded Rs. 1,12,875/- as compensation with interest at 10% per annum.
3. It is the case of the claimant that while the claimant was riding his motorcycle, a jeep bearing registration no. GUD 2652 coming from the opposite side in a rash and negligent manner hit the motorcycle as a result of which the claimant sustained serious injuries. He therefore filed claim petition seeking compensation. The Tribunal after hearing the parties passed the aforesaid award.
4. Ms.
Viraj Fozdar, learned advocate appearing for Ms. Jani 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 wrongly assessing the contributory negligence on the part of the jeep at 70%. She submitted that the Tribunal ought to have appreciated that from the evidence on record the negligence of the motorcyclist is proved. No other point is urged.
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 claimant sustained injuries as a result of the rash and negligent driving of the jeep driver to the extent of 70% and the claimant himself to the extent of 20%. The Tribunal has considered the panchnama in detail. The jeep being comparatively a greater vehicle ought to have taken more care. Nothing is pointed out before this Court to take a contrary view. In such an event the Tribunal has rightly assessed the negligence on the part of the driver of the jeep and the claimant.
6. In the premises aforesaid, appeal is dismissed. No costs.
(K.S.
JHAVERI, J.) Divya// Top