(1.) Appellant is the petitioner in O.P (MV) No.1467/2011 on the file of the Motor Accidents Claims Tribunal, Kozhikode. It is a claim petition filed by the appellant under Section 166 of the Motor Vehicles Act, 1988. (Hereinafter the parties are mentioned in accordance to their rank before the Tribunal)
(2.) The short facts are like this:- On 4.08.2011 at about 7.30 p.m., the petitioner was riding a bicycle from Kozhikode to Kottooli. While he was proceedings in the bicycle he was hit down by a car causing serious injuries. He was taken to the hospital and he was inpatient in the hospital from 04.08.2011 to 11.08.2011. According to the petitioner, the accident occurred due to the negligence on the side of the 2nd respondent, who was driving the car at the relevant time. First respondent is the RC owner of the vehicle and 3rd respondent is the insurer.
(3.) To substantiate the case, Exts.A1 to A6 were marked on the side of the petitioner. Ext. X1 is the charge sheet submitted by the police. After going through the evidence and documents, the Tribunal found that, the accident occurred because of the contributory negligence on the part of the petitioner also. The Tribunal found that, since the accident occurred due to the negligence of the petitioner also, the negligence is apportioned at the rate of 25% to the petitioner and 75% to the 2nd respondent. Thereafter, the tribunal fixed a total compensation of Rs.84,917/- from which 25% was deducted because of the contributory negligence on the part of the petitioner. Aggrieved by the above award this appeal is filed.