RAKESH GOEL Vs. MUKESH KUMAR

JUDGEMENT

(1.) THE Appeal is for enhancement of compensation of RS.1,07,610/- granted in favour of the Appellant for having suffered injuries in an accident which occurred on 01.06.2002.

(2.) THERE is twin challenge to the impugned judgment. Firstly, it is urged that the Claims Tribunal erred in holding the Appellant guilty of contributory negligence to the extent of 50% and, secondly, that the compensation awarded was wholly inadequate.

(3.) IN my view, all the conditions as laid down in Section 11 of the Code of Civil Procedure were satisfied. The procedural law, at least, the principles of CPC, in essential matters, like the principles of res judicata equally applies to the proceedings before a Claims Tribunal. Thus, the observation by the Claimant that it was not bound by the finding of the earlier decided petition by the competent Court of jurisdiction which could entertain the subsequent Claim Petition defies logic and well settled legal principles. Thus, I hold that there was contributory negligence to the extent of 30:70 vis-?-vis the Appellant and the First Respondent. 30% liability shall be apportioned by the Appellant himself and 70% shall be apportioned by the tortfeasor, its owner and the insurer.