TRIBHOVANDAS KISHIBHAI PATEL Vs. IVEN DAULAL RAUBENS

JUDGEMENT

(1.) This is an appeal under sec. 110-D of the Motor Vehicles Act presented by an injured who was the petitioner in M.A.C.T. Application No. 12 of 1976 before the Motor Accident Claims Tribunal (1-A) Ahmedabad City.

(2.) According to the petitioner while he was crossing the road on 11 at Maninagar opponent No. 1 dashed from behind while driving the scooter bearing registration No. G. J. G. 3858 and that resulted in fracture of the left femur bone and he was required to be treated at the Nursing Home in Ahmedabad. The claimant claimed an amount of Rs. 75 0 as compensation from driver of the scooter who was joined as opponent No. 1 and from the Insurance Company who was joined as opponent No. 2.

(3.) Both the opponents filed a joint written statement at exh. 15. According to the opponents the accident occurred because of the utter disregard of the traffic rules and own safety of the applicant himself. They averred in paragraph 7 of the written statement that the applicant got down from the car from the right hand side of the car instead of left hand side without taking care of the scooter approaching the car which was being driven by opponent No. 1 very carefully on the correct side of the road with very slow speed. It was further stated that opponent No. 1 had blown the horn and applied brakes but the applicant proceeded without paying any need to the same and therefore the said accident had occurred. In paragraph 8 it was stated that if the Tribunal came to the conclusion that opponent No. 1 was negligent to some extent the applicant also by his negligence contributed to the accident and therefore he is liable for contributory negligence. So far as the amount of compensation is concerned in the written-statement the opponents denied their responsibility in regard to the compensation and also stated that the applicant was not entitled to the amount stated in the application.