K.F.FRANCIS Vs. B.RAMAN PILLAI

JUDGEMENT

(1.) THE claimant in OP(MV)No.2726/1998 before the Motor Accidents Claims Tribunal, Ernakulam, is the appellant herein. He suffered injuries in an accident caused by the negligent driving of a vehicle, owned and driven by the 1st respondent and insured with the 2nd respondent. The appellant claimed compensation for the injuries and and consequential disabilities suffered by him in the accident. The Tribunal, after finding negligence on the part of the driver of the vehicle, awarded compensation under various heads as follows: - Transportation to hospital 1,000/ - <FRM>JUDGEMENT_1389_TLKER0_2013.htm</FRM> But the Tribunal found that the accident occured because of the contributory negligence of the appellant to the extent of 25% and apportioned the negligence between the 1st respondent and appellant in the ratio of 75:25. Deducting 25% from the compensation assessed, the appellant was awarded 85,875/ - as compensation with interest and costs. Dissatisfied with the finding of contributory negligence as well as the quantum of compensation, the appellant has filed this appeal seeking enhanced compensation.

(2.) ACCORDING to the appellant, the accident occured at M.G.Road in Ernakulam near the Rajaji Road, while the appellant was crossing from west to east. There is a median on the middle of the road. From the median, the appellant was crossing to the eastern side of the road. The accident occured 2.85 meteres towards west from the eastern far end. The appellant submits that, that being so, the accident occured only because of the negligence of the car driver and the appellant cannot be faulted in any manner. Consequently, the finding of the Tribunal that the appellant contributed to the accident by his negligence to the extent of 25% is clearly unsustainable in law, is the first contention.

(3.) WE have considered the rival contentions in detail.