UMAKAR Vs. ATHAYEE

JUDGEMENT

(1.) Having lost their claim before the Motor Vehicle Accidents Claims Tribunal No.X, Hunagund, the appellants have challenged the legality of the award dated 20.07.2011, whereby the learned Tribunal had dismissed the claim petition filed by the appellants.

(2.) Briefly the facts of the case are that the husband of the appellant No.1, and father of appellant Nos.2 and 3, namely Sangram S/o. Sushilkumar Waghmode was driving a car on 02.06.2007 near Dhannur village, Bagalkot district.

(3.) Mr. Shreevatsa Suresh Hegde, the learned counsel for the appellants, has vehemently contended that due to the accident two different FIRs were lodged. One, from the side of the claimants appellants, and the other from the side of cleaner of the lorry. Moreover, since the accident had occurred in the middle of the road, the negligence on the part of the lorry was writ large. Therefore, the learned Tribunal was not justified in concluding that the negligence was solely that of the driver of the car, namely of Mr. Sangram Waghmode. In fact, according to the learned counsel, it is a case of the contributory negligence, the said fact has escaped the notice of the learned Tribunal.