M. NAGARAJU Vs. SYED SHABEER

JUDGEMENT

(1.) THE claimant of case bearing MVC No. 2129/2005 which was pending on the file of MACT, Bangalore, has filed this appeal challenging the reduction of the compensation on the ground that he had contributed negligence to the accident in question. The claimant was injured in an accident that occurred on 10.09.2003 at about 5.00 p.m. near Byrathi Bande involving his motorcycle bearing registration No. KA -03 -EJ -618 and another motorcycle bearing registration No. KA -03 -R -6646.

(2.) ACCORDING to the petitioner when he was proceeding on his motorcycle towards his home on the left side of the road, a motorcycle bearing registration No. KA -03 -EJ -618 being driven rashly and negligently by its rider and dashed against him after overtaking a Maruti Van and as a result of which he fell down and sustained grievous injuries. He chose to file a claim petition before the MACT, Bangalore, and after contesting the matter, the Tribunal has awarded a compensation in all a sum of Rs. 2,95,000/ -. The contributory negligence of claimant is attributed at 60% and a sum of Rs. 1,77,000/ - has been reduced from the compensation awarded by the Tribunal and total compensation payable to the claimant was fixed at Rs. 1,18,000/ -.

(3.) WHAT is argued by the learned counsel for the respondent - insurer is that the petitioner has admitted that the accident took place in the middle of the road and it is further supported by Ex. R -4, the sketch prepared by the police in the case registered against the claimant himself. It is argued that the claimant ought to have produced the police documents before the Tribunal. It is further argued that the Tribunal on considering the entire evidence of the parties, has come to the conclusion that claimant was responsible to the accident in question to an extent of 60%.