KAMAL SINGH SACHAN Vs. SAVITRI DEVI

JUDGEMENT

(1.) By way of this appeal, the claimants have challenged the judgment and order dtd. 27/7/2015 passed by Motor Accident Claims Tribunal/Additional District Judge, Court No. 6, Kanpur Nagar (hereinafter referred to as 'Tribunal') in M.A.C.P. No. 103 of 2012 awarding sum of Rs.10,09,500.00 as compensation to the claimants with interest at the rate of 7% per annum.

(2.) In this regard, we have perused the evidence regarding contributory negligence on record.

(3.) Learned Tribunal has refused to rely on the site plan prepared by the investigating officer during investigation of the concerned criminal case and held that it is not the site plan which could be relied on for determination of contributory negligence but other factors are to be seen such as first information report, charge-sheet and evidence of independent witnesses. Learned Tribunal mainly relied on technical inspection reports of both the vehicles i.e. Innova car and the offending truck and came to the conclusion that there is damage in the front side of both the vehicles. In this way, learned Tribunal concluded that since there is damage on the front side hence, both the drivers were negligent in driving their respective vehicles. Learned Tribunal also relied on the evidence of eye witness PW2 who had deposed that both the vehicles dashed into each other from opposite direction. On the basis of this evidence, learned Tribunal held contributory negligence of both the drivers to the tune of 50% each but we are unable to concur with the aforesaid finding.