SAZID ALI Vs. SULEMAN

JUDGEMENT

(1.) THESE three Appeals arise out of a common judgment dated 03.10.2006 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby while deciding the issue of negligence, the Claims Tribunal held that the accident was caused on account of contributory negligence of the milk tanker No.DL-1GA-5548 driven by the First Respondent and of deceased Shakur Ahmed, who was driver of the Maruti car No.DL-7C- 0001.

(2.) SHAKUR Ahmed and two more occupants of the car suffered fatal injuries whereas two other escaped with minor injuries. The Claims Tribunal apportioned the contributory negligence to be 70:30 vis-a-vis the deceased SHAKUR Ahmed and Suleman, the First Respondent.

(3.) THE Claims Tribunal while dealing with the issue of negligence held as under:-