RANGANARASIMHAIAH Vs. B.V. SRINIVAS AND ORS.

JUDGEMENT

(1.) THE appellant having sustained bodily injuries in a road traffic accident filed a claim petition in MVC No. 7949/2007 before the MACT. Bangalore seeking compensation under Section 166 of the Motor vehicles Act from the owner and the insurer of the offending vehicle.

(2.) THE Tribunal by the impugned judgment and award by holding that the accident has occurred due to contributory negligence of 25% on the part of the appellant/claimant in crossing the road and 75% on the part of the rider of the offending motorcycle has awarded a sum of Rs. 91,000/ - with interest at the rate of 6% per annum and directed the insurer of the offending vehicle to pay the said amount. The appellant aggrieved by the said judgment and award of the Tribunal both on negligence as well as on quantum has preferred this appeal. As there is no dispute regarding certain injuries sustained by the appellant in a road traffic accident that occurred on 15.10.2007, while he was a pedestrian, due to involvement of the motorcycle bearing registration No. KA -02 -EB -1133 and the liability of the insurer of the offending vehicle to the extent of its negligence, the points that arise for our consideration in this appeal are:

(3.) IMMEDIATELY , after the accident, a case was registered against the rider of the offending motorcycle as per Ex. P1. Police after investigating the complaint have laid the charge sheet against the rider of the motorcycle, as evident from Ex. P2. The claimant except examining himself as PW1, in order to prove the issue regarding negligence has not examined any eye witness to the accident. No material is placed to show that he was crossing the road carefully and cautiously by observing the traffic rules and regulations. The Tribunal considering the oral evidence of the claimant and FIR, charge sheet, sketch and panchanama produced at Exs. P1 to P4 has held that the claimant has also contributed for the accident to the extent of 25% and the accident has occurred due to contributory negligence of 25% on the part of the claimant in not crossing the road carefully by observing the traffic rules and regulations and 75% on the part of the rider of the offending two wheeler. We have carefully gone through the said finding of the Tribunal on negligence and we do not see any grounds for interference. Accordingly, we confirm the finding of the Tribunal on issue No. 1.