S C CHANDRASHEKAR Vs. KRISHNAPPA S/O NANJAPPA

JUDGEMENT

(1.) THE appeal by the claimant-appellant seeking enhancement of compensation as against the judgment and award dated 28.8.2009 in M V C No.180/2005 on the file of the Fast Track Court-II and MACT, Bangalore Rural District.

(2.) THE claims tribunal has awarded a compensation of Rs.81,150/- with 6% interest and fixed 25% contributory negligence on the claimant.

(3.) THE learned counsel for the insurance company submits that the negligence on the part of the claimant is rightly decided on the basis of Ex.P3 spot Mahazar. The claimant has not kept appropriate distance between the vehicle and he should have proceeded on the left side of the road, but from the Mahazar it could be seen that he was on right side of the vehicle and accordingly he has contributed to the accident. Though sketch is not produced, Ex.P3 is more than sufficient to fix the contributory negligence.