SAMSUL ALAM Vs. MOHAN RAJARAM KAWLEKAR

JUDGEMENT

(1.) Heard Mr. Dukle for the appellant-claimant and Mr. Kakodkar for respondent no.2-insurance company.

(2.) The challenge in this appeal is to the judgment and award dtd. 12/11/2010 made by the Motor Accident Claims Tribunal, South Goa at Margao (Tribunal) in Claim Petition No.194/2009 to the extent the same has denied the appellant-claimant the claimed compensation of Rs.3.00 lakhs together with interest @ 9% p.a. The Tribunal determined the compensation at Rs.1,55,680.00but awarded the appellant-claimant compensation of only Rs.46,704.00 with interest @ 9% p.a. holding that the appellant-claimant contributed to the accident to the extent of 70%.

(3.) Mr. Dukle, learned counsel for the appellant, submits that the finding about contributory negligence has no support from the evidence on record. He points out that no written statement was filed by the owner/driver of the offending vehicle, no evidence was led, and no questions were posed during cross-examination suggestive of any case of contributory negligence.