S. NARAYANA Vs. M.G. RAVICHANDRAN AND ORS.

JUDGEMENT

(1.) This appeal under Section 173(1) of the Motor Vehicles Act is preferred against the judgment and award dated 3-7-2010 passed in M.V.C. No. 970/2008 on the file of the Small Causes Court - 11 and Motor Accident Claims Tribunal, Bangalore. The Tribunal by the impugned judgment and award has recorded a finding that the driver of the car and the appellant/claimant contributed towards the said accident to an extent of 75% and 25% respectively and thereby, awarded a sum of Rs. 1,35,825/- as compensation to the claimant. Aggrieved by the judgment and award, this appeal is preferred by the appellant/claimant on the ground that the finding recorded by the Tribunal that the driver of the car and the claimant contributed towards the said accident is not sustainable in law and the compensation awarded by the Tribunal under 'conventional heads' is on the lower side and it requires to be enhanced considerably.

(2.) On the other hand, learned counsel for the respondent - Insurance Company would submit that the Tribunal upon proper appreciation of the evidence has rightly recorded a finding that the accident occurred on account of the negligence of the driver of the car and the appellant to the extent of 75% and 25% respectively and awarded compensation of Rs. 1,35,825/- and that the award does not call for interference by this Court.

(3.) Having heard the submissions of both the learned counsel and upon perusal of the material on record, the following points arise for consideration:--