C P NAVEEN KUMAR Vs. A M SURESH

JUDGEMENT

(1.) The claimant is in appeal, challenging the judgment and award passed by the Motor Claims Tribunal, Chikmagalur ['Tribunal' for short] in MVC.No.4/2011.

(2.) The claimant had filed the petition under Section 166 of the Motor Vehicles Act, 1988 ['Act' for short] claiming compensation of Rs.15,00,000/- for the injuries sustained by him in the road traffic accident that occurred on 04.06.2010, contending that while he travelling as an occupant in Maruti Alto Car bearing registration No.KA-03/MG 1551 driven by one Sri.C.C.Kiran, the driver-cum-owner of lorry bearing No.KA-09/A-3271 drove in a rash and negligent manner and dashed against the Maruti Alto car. Negligence was alleged on the driver-cum-owner of the lorry bearing No.KA-09/A 3271 [offending vehicle].

(3.) On service of notice, both the respondents herein, appeared and contested the claim. A defence was taken by both the respondents that the negligence of the driver of the Alto Car was the cause for the accident. The Tribunal considering the police records and other incriminating material evidence, held that the accident occurred due to the contributory negligence of both the drivers of the vehicles involved, negligence of the lorry driver was apportioned at 60% and that of the car driver at 40%. Considering the material evidence, awarded total compensation of Rs.1,78,000/- under the different heads with interest at 6% per annum from the date of the petition till the date of realization. Liability was fastened on the respondent Nos.1 and 2 being he owners and insurer of the lorry [offending vehicle] jointly and severally to the extent of 60%. Being aggrieved by the same, this appeal is preferred by the claimant.