GIRISHBHAI FULABHAI KACHHIA Vs. ADAMBHAI RASULBHAI MANSURI

JUDGEMENT

(1.) BY way of this appeal, the appellant-claimant has challenged the judgment and order dated 29/3/1985 passed by the Motor Accident Claims Tribunal (Auxiliary) Kheda at Nadiad in the Motor Accident Claim Petition No. 616 of 1982 (main) along with other petitions whereby the Motor Accident Claims Tribunal has partly allowed the Motor Accident Claim Petition No. 616 of 1982 and awarded the amount of compensation of Rs. 21,585/- with interest at the rate of 6% per annum from the date of the application till payment with proportionate costs.

(2.) THE facts in brief leading rise to filing of the appeal is as under:

(3.) THE learned counsel for the appellant has contended that the Tribunal has committed error in holding the contributory negligence and also erred in holding that the accident has occurred because of rash and negligent driving of the Matador. There was no negligence on the part of the Matador as it was driven on the correct side of the road. He has further contended that looking to the evidence on record, the Tribunal has committed error in holding the liability of negligence in the ratio of 75:25. At the most, it should be 90:10.