UNITED INDIA INSURANCE CO LTD Vs. LALJI SINGH

JUDGEMENT

(1.) THE appeal is by the two appellants, the owner of the car and the insurance company in relation to car No. CPC 5666 involved in the accident which took place on 10.10.1980 with scooter No. MPP 9090 of the claimant -respondent No. 1.

(2.) THE case of the claimant before the Claims Tribunal, claiming compensation for injury sustained by him due to the fracture of his hip bone, is that the accident took place because of the negligent driving by the driver of the car who was said to have taken a sudden turn resulting in collision of the scooter on which respondent No. 1 was riding and proceeding in the same direction behind the car but at a reasonable distance.

(3.) THE learned counsel appearing for the appellants on merits submitted that the accident was caused due to the sole negligence on the part of the claimant who was riding the scooter and was proceeding just behind the car in the same direction. The learned counsel, in the alternative, submitted that the claimant who was riding the scooter just behind the car was in any case guilty of contributory negligence, which should have been duly apportioned in awarding the compensation. We have gone through the relevant portion of the testimony of the driver of the car and that of the claimant. In our opinion, even accepting entirely the version of the accident as narrated by the claimant, as a rider of the scooter who was proceeding just behind the car in the same direction some degree of care should have been exercised by him. He could have avoided the collision had he maintained a reasonable distance from the car going ahead of him. It was, therefore, a case of contributory negligence on the part of the claimant, who was riding the scooter. Looking to the version of the parties and the manner in which the accident took place, we are of the opinion that the negligence has to be apportioned 50: 50 on the driver of the car and the claimant as the rider of the scooter. The learned Judge of the Claims Tribunal has awarded a sum of Rs. 10,000/ - as general damages. In view of our finding that the claimant was also responsible for the contributory negligence, the amount of compensation has to be proportionately reduced by 50 per cent. The claimant was, therefore, not entitled to more than Rs. 5,000/ - under the head general damages.