GARRISION ENGINEER Vs. ANJANABEN MANOJKUMAR

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and award dated 05.02.2014 passed by the learned Motor Accident Claims Tribunal (Auxi.), District Surendranagar (hereinafter referred to as "Tribunal") in Motor Accident Claim Petition No.457/2007, by which the learned Tribunal has partly allowed the said claim petition and has awarded a total sum of Rs.34,08,300/ towards compensation for the death of deceased with 9% interest p.a. from the date of claim petition till realization after holding the driver of the Tata Mobile No.05.C 075993P involved in the accident 100% negligent, the appellant herein ­ original opponent No.1 ­ owner of Tata Mobile involved in the accident has preferred the present First Appeal.

(2.) Facts leading to the present First Appeal in nutshell are as under:

(3.) Ms. Mita Panchal, learned advocate appearing on behalf of the appellant has vehemently submitted that the learned Tribunal has materially erred in holding the driver of the Tata Mobile ­ original opponent No.2 sole/100% negligent. It is submitted that as it has come on record that at the time of accident there was a turning, it is to be presumed that the Tata Mobile might be in a slow speed and that the scooter driven by the deceased dashed on the right side portion of the Tata Mobile, the learned Tribunal ought to have held the deceased also contributory negligent to some extent. It is submitted that in the facts and circumstances of the case, the learned Tribunal ought to have held the deceased contributory negligent to the extent of 30%.