DIVISIONAL MANAGER Vs. SANTOSH

JUDGEMENT

(1.) Being aggrieved by the fact that despite coming to the conclusion that there was contributory negligence by the petitioner in causing the accident, the Tribunal has fixed the entire liability of paying the compensation on the respondent No.2 - Insurance company, it has come up with the appeal under Sec. 173(1) of the M.V Act.

(2.) For the sake of convenience the parties are referred to by their rank before the Tribunal.

(3.) FACTS: The petitioner filed claim petition under Sec. 166 of M.V. Act seeking compensation in a sum of Rs.9,50,000.00 for the injury sustained in a motor vehicle accident dtd. 10/6/2010. It is the case of the petitioner that on that day at 8.30 p.m. he was proceeding on Hero Honda motor cycle bearing registration No.KA-51/Q-9647 from Ashok Nagara to Kalgi very slowly and cautiously on the extreme left side of the road. However, respondent No.1 rider of Hero Honda motorcycle bearing registration No.KA-32/S-0835 (hereinafter referred to as offending vehicle) came from the opposite side in a rash or negligent manner and dashed against the motor cycle of the petitioner. In the said accident, petitioner sustained grievous injuries. In this regard, a criminal case was registered against the rider of the offending vehicle. Despite prolonged treatment, petitioner is not completely cured. He has suffered permanent partial disability. As a mechanic he was earning Rs.6,000.00p.m. After the accident, he is unable to work as he used to.