ASHWINBHAI JAYANTIBHAI MODI Vs. RAMKARAN RAMCHANDRA SHARMA

JUDGEMENT

(1.) THE present appeal is directed against the judgment and award passed by the Tribunal in MACP No.708/02, whereby the Tribunal has awarded compensation of Rs.18,59,200 with interest at the rate of 9% p.a.

(2.) THE short facts of the case are that deceased Raj, son of the claimant, was proceeding to Isanpur from Uttamnagar on 12.07.2002 at about

(3.) THE first contention raised by the learned counsel for the insurance company was that the Tribunal has committed error in attributing contributory negligence to the driver of the scooter to the extent of 20% only. It was submitted that the deceased who was driving the scooter had contributed to a large extent more particularly when the Tribunal found that the story of hitting from the backside was unbelievable. It was also submitted that the panchnama, if considered, would go to show that the deceased who was driving the Kinetic scooter was equally responsible for the accident and contributory negligence would be of 50% or in any case more than 20% and the Tribunal has not considered the said aspect properly and therefore, this Court may consider in the present appeal.