MD. ALID HOSSAIN Vs. PARIMAL CHANDRA DAS

JUDGEMENT

(1.) This appeal is filed by the original claimant. Limited ground raised in this appeal is with respect to 50% contributory negligence attributed by the Claims Tribunal to the claimant himself.

(2.) Brief facts are as under :

(3.) On the other hand, the National Insurance Company did not examine the driver of the motor car as a witness. The Claims Tribunal, despite these facts, held that the accident took place on account of equal extent of negligence on part of the drivers of both the vehicles. Having held that, the Tribunal strangely directed the Oriental Insurance Company, i.e. the insurer of the motorcycle, to satisfy 50% of the award. The impugned award of the insurance company dated 04.07.2019 reads as under :