SUSHILA Vs. RAJESH BHATIA

JUDGEMENT

(1.) IT is noted that the cause title of the appeal wrongly shows 'Sushila & Ors. Vs. Rajesh Bhatia & Ors. ', however, there is only one appellant/injured. Hence, the same be read as 'Sushila Vs. Rajesh Bhatia & Ors. '.

(2.) THE present appeal is filed against the impugned award dated 30.05.2006, whereby the learned Tribunal has granted compensation for a sum of Rs.2,58,355/ - with interest at the rate of 6% per annum from the date of filing the claim petition till realization of the amount. However, the appellant is entitled for an amount of Rs.1,29,178/ - with interest as noted above, on the basis of contributory negligence.

(3.) THE Ld. Counsel appearing on behalf of the appellant submitted that the learend Tribunal has erred by recording its opinion that the accident had taken place due to the composite negligence of both the parties as it was incumbent upon the appellant also to be vigilant while crossing the road. Accordingly, held the appellant 50% liable for composite negligence.