ROOPESH SHIVANAND GOVEKAR Vs. DHANAJAYA

JUDGEMENT

(1.) The claimant is in appeal not being satisfied with the quantum of compensation as well as fastening of contributory negligence to an extent of 30% under the judgment and award dated 18.02.2011 in MVC No.186/2009 on the file of the II Additional MACT, Karwar and praying for enhancement of compensation by setting aside the impugned judgment with regard to contributory negligence.

(2.) Brief facts of the case are that the claimant filed claim petition under Section 166 of the Motor Vehicles Act claiming compensation for the accidental injuries suffered in a road traffic accident. It is stated that the claimant was proceeding in a motorcycle bearing No.KA-30/H-5317 towards Sadashivgad and when the motorcycle reached Savorpoi cross, tipper lorry bearing No.KA-30/7964 driven by its driver in a rash and negligent manner dashed to the motorcycle of the claimant, due to which both the claimant as well as the pillion rider sustained injuries. It is stated that the claimant was inpatient for 18 days in Tejaswini hospital, Mangaluru. The claimant was working as coolie and was earning Rs.6,000/- p.m.

(3.) On issuance of notice, the insurer appeared before the Tribunal and filed its statement. It contended that the accident occurred due to the rash and negligent act of the rider of the motorcycle and there was no negligence on the part of the driver of the offending tipper lorry. The insurer of the motorcycle contended that the accident occurred exclusively due to the negligence of the driver of the tipper lorry.