JIGNESHBHAI KANTIBHAI PATEL Vs. PATEL JITENDRAKUMAR ISHVARBHAI

JUDGEMENT

(1.) The claimant is in appeal against the judgment and award of the Motor Accident Claims Tribunal, Aravalli in MACP No. 1903 of 2013 (old MACP No.14 of 2012).

(2.) The appellant is clamming a compensation to the extent of )9 lakh under different heads for the accidental injuries received by the appellant in an accident which took place on 4 th June 2011. The Tribunal has awarded compensation to the tune of )1,65,418/- by considering the contributory negligence of the appellant.

(3.) Learned advocate for the appellant submitted that the Tribunal has committed an error in treating the contributory negligence to the extent of 50% by disregarding the evidence on record including the panchnama at Exhibit-45 which goes to indicate that the appellant himself was driving the motorcycle on the correct side of the road and the accident was caused on account of the other driver of the vehicle driving in a race and negligent manner and on the wrong side.