KAMAL CHAND GUPTA Vs. AKSHAY KUMAR GAUTAM

JUDGEMENT

(1.) THIS appeal is directed against the award dated 17.2.1994 in Claim Case No. 49/92, by Motor Accident Claims Tribunal, Satna, whereby an award of Rs. 82,200/- was passed in favour of the claimant/respondent No. 1.

(2.) UNDISPUTEDLY the claimant/respondent No. 1 on 18.2.1992 while riding his motorcycle reached 'Gahra Nala' near Chunginaka, was dashed by truck No. CPA 3900. He sustained grievous injuries in the accident. He filed an application under Section 166 of the Motor Vehicles Act, 1988, claiming compensation to the tune of 16,01,600/-.

(3.) LEARNED Counsel for the appellants submits that the accident occurred on account of sole negligence of claimant/respondent No. 1. However, the evidence led in the case would indicate that the Tribunal was justified in holding that the accident occurred on account of contributory negligence of the claimant/respondent No. 1 as well as that of the driver of the truck.