SUDHIR Vs. SMT. PAVITRA AND 12 ORS.

JUDGEMENT

(1.) This appeal has been filed by the owner of the Santro Car bearing registration no. HR 03 S - 0644 against the award of the Motor Accident Claims Tribunal, Bijnor dated 15.04.2014 in Motor Accident Claim Petition No. 29 of 2013 by which the Tribunal has made an award of Rs. 3,69,500/- in favour of the claimants who are the dependents of the Ravindra, together with interest @ 6%. The Tribunal has further apportioned that liability between the driver of the tempo insured by the respondent-insurer and the present appellant-owner of the Hyundai Santro car, in the ratio of 50:50.

(2.) While the occurrence of the accident and the computation of the compensation awarded are not disputed, learned counsel for the appellant submits, the finding of the Tribunal as to contributory negligence to the extent of 50:50 as the cause of accident between driver of the Hyundai Santro car and the driver of the tempo is perverse. In this regard, the Tribunal found that the accident occurred on an open road at about 2:00 p.m. on 010.2012 between the Santro Car and the tempo coming from the opposite directions.

(3.) Learned counsel for the appellant has taken me through evidence of the claim witness Chandu (PW-2) who is the father of the deceased. In his statement made in examination-in-chief that stated, the Santro Car was also being driven in a rash and negligent manner. The said witness was travelling in the three wheeler Tempo vehicle involved in the accident. He stated, he was seated on the back seat while the deceased was seated on the front seat, with the driver of the Tempo.