ISAQKHAN MUSTAFAKHAN PATHAN Vs. SHRIRAM SHANKARLAL ZAWARLTD

JUDGEMENT

(1.) "Whether the pillion rider can be held guilty of contributory negligence?" is the question posed in the present appeal.

(2.) The Motor Accident Claims Tribunal at Beed (hereinafter referred to as the 'Tribunal') while deciding Motor Accident Claim Petition No.242 of 1996 vide its Judgment dated 26.06.2002 has deprived the present appellant from 50% of the total compensation holding the appellant, who was admittedly a pillion rider on the motorcycle which met with an accident, also negligent along with the motorcyclist and the driver of the tractor involved in the alleged accident.

(3.) On 16.04.1996 the present appellant was proceeding by Jalna road towards the bus stand Beed as a pillion rider on motorcycle no. MH-04-1692 driven by one Abdul Anis Abdul Samad. As contended in the claim petition, the motorcycle was dashed by a tractor bearing registration No.23/A-9461 at Annabhau Sathe square. In the accident so happened, the appellant was injured. The driver of the offending tractor was prosecuted in connection with the alleged accident for the offences punishable under Sections 279, 337 & 338 of the Indian Penal Code.