BIPINBHAI NATWARLAL SHAH Vs. ASHOK RAGHAVAN NAIR

JUDGEMENT

(1.) THIS appeal has been filed against judgement and award dated 08.02.1991 passed in M.A.C.P. No. 898 of 1984 by the Motor Accident Claims Tribunal (Auxi.), Nadiad, whereby the claim petition was partly allowed.

(2.) THE facts in brief are that on 08.04.1984, Mr. Bipinbhai Natwarlal Shah, the applicant-original petitioner alongwith other persons were going towards Vadodara in an ambassador car bearing registration No. GAA 6663. He himself was driving the ambassador car. At that time, one Tanker No. GTJ 5957 was coming with great speed and was driven by the opponent No. 1 rashly and negligently. It dashed with the ambassador car, which was virtually crushed. Resultantly, the applicant sustained severe injuries. He claimed Rs. 10,00,000/- by way of compensation. However, the tribunal has held the applicant responsible 70 per cent for the contributory negligence and awarded only 30 per cent amount of Rs. 1,59,360/-. Hence, this appeal.

(3.) AFTER discussing the evidence, the tribunal came to the conclusion that the applicant has given a complete go-bye to the story before the Tribunal to shirk the responsibility of the accident on the head of the driver of the tanker. The tribunal held responsible the applicant to an extent of 70 per cent and the driver of the tanker-opponent no. 1 to an extent of 30 per cent.