U PALANIAPPAN Vs. K NATARAJAN

JUDGEMENT

(1.) CHALLENGING the judgment and decree, dated 24.04.2008 made in MCOP.No.2 of 2004 on the file of the Motor Accident Claims Tribunal, Sub-court, Devakottai, the appellant has preferred this appeal.

(2.) IN the claim petition, it is stated that on 26.10.2003, at 05.30 hours, while the petitioner and his wife were coming in the motor cycle near Eechavayal Road, an Ambassador car belonging to the first respondent bearing registration No.TN.55 C.5445 was driven by its driver in a rash and negligent manner and dashed against TVS.50 vehicle and thereby, the petitioners were thrown from the vehicle and sustained injuries. The accident took place due to rash and negligent driving of the car driver. The claimant was a small farmer as well as mason, by means of which, he was earning a sum of Rs.4,500/- per month. Hence, a sum of Rs.11,96,600/- was prayed for as compensation.

(3.) THIS Court does not find any infirmity in the factual findings recorded by the Tribunal as to the contributory negligence. From the rough sketch, Ex.B.5, it transpires that the said TVS moped was also taken to a wrong side and the ambassador car driver also did not come slowly while he approached the four way conjunction and both of them were found liable for the accident. There is no necessity to disturb the finding as regards the contributory negligence. However, the proportion has to be modified on the strength of oral evidence on record. The car driver is negligent to the extent of 60% and this claimant has to be held responsible for 40% for causing the accident. Hence, in the compensation to be awarded 60% has to be paid by the appellant.