SARASWATI PALARIYA Vs. NEW INDIA ASSURANCE COMPANY LTD

JUDGEMENT

(1.) Leave granted.

(2.) Compensation granted by the learned Motor Accident Claim Tribunal, Nainital ("Tribunal" for short) to the extent of Rs.10,28,280/- (Rupees Ten lakh Twenty Eight thousand Two hundred and Eighty) with 7% interest has been reduced by 50% by the High Court on the ground that the deceased had contributed to the accident by his negligence. Aggrieved, this appeal has has been filed.

(3.) Learned counsel for the respondent ­ insurer has sought to sustain the aforesaid conclusion of the High Court by relying on the evidence of P.W.2 ­ Prakash Chandra Sharma.