ES SANILAN SEKHARAN Vs. PP POULOSE

JUDGEMENT

(1.) PIUS C. Kuriakose, J A tourist taxi driver who suffered supra condylar fracture to right knee necessitating surgical intervention and other injuries in a road traffic accident involving the motorcycle in which he was travelling as a pillion rider and an autorickshaw which was duly insured with the third respondent Insurance Company challenges the award of the Motor Accidents Claims Tribunal mainly on two planks:-

(2.) WE have heard the submissions of Sri.K.J.Mohammed Anzar, the learned counsel for the appellant and those of Smt.M.Hemalatha, the learned Standing Counsel for the contesting Insurance Company.

(3.) HAVING given our anxious consideration to the rival submissions addressed at the Bar and having carefully gone through the impugned award and having made a quick re- appraisal of the evidence which came on record, we are of the view that the percentage of 75 fastened by the learned Tribunal on the rider of the motorcycle in the negligence which led to the accident is not correct. On our re-appraisal of the evidence we find that it was the autorickshaw driver who was more negligent and the contribution of the motorcycle rider was only 30%. We modify the finding of the learned Tribunal in the above regard and fix the motorcycle rider's contribution at 30%.