KRISHNAMURTHY Vs. G RAJI

JUDGEMENT

(1.) THIS Civil Miscellaneous Appeal has been filed against the award dated 23. 11. 1998 in MACT. O. P. No. No. 578/96 on the file of the Motor Accident Claims Tribunal (Sub-Judge), Hosur.

(2.) THE main submission put forth by the appellants is that the Tribunal has found that the claimant, the first respondent herein had contributed to the accident and fixed the ratio of negligence on his part as 50% and therefore the Tribunal ought not to have fastened the liability on the first appellant, the owner of the car, with whom, the first respondent/claimant was working as a driver.

(3.) IN support of his contention, the learned counsel appearing for the appellants, relied upon the decision of the Hon'ble Apex Court rendered in the case of Tamil Nadu State Transport Corporation, Tanjore Vs. Natarajan and Others, reported in 2004 (2) TN MAC 28 (SC ). Admittedly, the Tribunal has fixed the ratio of contributory negligence at 50% on the first respondent/claimant and no appeal has been filed against the said finding by the first respondent. The only question to be decided in the above appeal is whether the Tribunal is right in fastening the liability on the employer of the first respondent, namely, the first appellant herein, when the first respondent himself had contributed to the accident. In 2004 (2) TN MAC 28 SC, the Supreme Court observed as follows: