SUDIP PAUL Vs. RATAN PATOWARI

JUDGEMENT

(1.) This Appeal is filed by the original claimant to challenge an award dated 29.06.2019 passed by the Motor Accident Claims Tribunal, Gomati Judicial District, Udaipur in T.S. (MAC) No.46 of 2018.

(2.) Brief facts are as under:

(3.) I have perused the award and the evidence on record. In the impugned award, the Tribunal has never specifically come to a conclusion that there was contributory negligence on part of the claimant and that the extent of such contributory negligence was 50%. Independently of the observations of the Tribunal I have examined the evidence on record. The claimant examined himself as P.W.1. In his deposition he had stated that the accident occurred because a jeep which was coming from the opposite direction was being driven at a high speed and that is how it dashed with his vehicle. There is no worthwhile cross-examination of this witness for the insurance company. I have been informed even the charge sheet was filed against the driver of the jeep at the end of investigation. Significantly, the driver of the vehicle, who would have been the best person to state about the nature of accident, was not examined by the insurance company.