TULSI RAM Vs. SHAHNAWAZ & ORS

JUDGEMENT

(1.) This is an appeal filed by the claimant under Section 173 of the Motor Vehicles Act, against an award dated 5.5.2007, passed by learned Member, Motor Accident Claims Tribunal, Jhabua in Claim Case No. 269 of 2005.

(2.) By impugned awarded, the Claims Tribunal partly allowed the claim petition of appellant (claimant) filed under Section 166 of the Act and awarded compensation of Rs. 1,40,000 to the claimant for the injuries sustained by him in vehicular accident. However while so awarding, the Tribunal held the appellant liable for causing accident in question to the extent of 50% and, hence, holding appellant to be negligent in his driving the vehicle relied on the principle of contributory negligence as also the principle of res ipsa loquitur and, accordingly, reduced the compensation by 50% i.e. Rs. 70,000. It is against these findings, the claimant has filed this appeal. So two questions arise for consideration in this appeal of claimant. Firstly, whether Tribunal was justified in holding appellant to be negligent in driving his vehicle to the extent of 50%, thereby causing the accident? Secondly, whether Tribunal was justified in awarding a sum of Rs. 1,40,000 for the injuries sustained by claimant?

(3.) Heard Mr. Sanjay Patwa, learned Counsel for the appellant and Mr. V.P. Khare, learned Counsel for the respondent No. 4 - Insurance Company.