YASIN ABDULSATAR KAZI Vs. MANGALSINH NATVARSINH JADEJA

JUDGEMENT

(1.) THE short facts of the case appear to be that on 26. 12. 1992, when the appellant was going from Kalavad to Dhoraji by driving Truck No. GTH 7575, when he reached near the sign board of Fagash, the respondent No. 1 came driving rickshaw/chakda No. GTP 8876 from the opposite side in full speed and as per the appellant, since rickshaw-chakda was on the wrong side, it dashed with the Truck resulting into injuries to the appellant. The appellant filed claim petition No. 491 of 1993 before the Tribunal for recovery of the compensation of Rs. 50,000/- with interest and the Tribunal after adjudication found that the appellant-claimant was 60% negligent as against the driver of the rickshaw/chakda to the extent of 40% and after assessing the income of Rs. 1,000/- p. m. with disability @ 15%, awarded the compensation of Rs. 15,600/- with interest at the rate of 12% p. a. to the appellant-claimant out of the total amount of Rs. 39,000/- and it is under these circumstances, the present appeal before this Court.

(2.) HEARD Mr. Shaikh, learned counsel for the appellant. Respondent Nos. 1 to 3 are served, and respondent No. 4 is the Insurance Company of the truck who has appeared through Ms. Megha Jani, learned counsel.

(3.) THE first aspect which deserves consideration is the finding of the Tribunal for contributory negligence. The Tribunal has found the driver of the truck, appellant-claimant herein, as negligent to the extent of 60%, as against the negligence of the driver of the rickshaw/chakda of 40%. If the deposition of the claimant is considered with the panchnama of the site, it appears that as per the said panchnama, the truck was on extreme left below the road and on Kachha road, whereas, the rickshaw was on the other side of the road. The fact that the truck is found to be the extreme left beyond the road, shows that the truck was not only driven on the right side but the attempt was made on the part of the driver of the truck to divert the truck on the rough road/kachha road. Therefore, the aforesaid circumstances show that there is more negligence of the driver of rickshaw/chakda in comparison to the driver of the truck.