PRITAM MAJUMDER Vs. RAKHAL CHANDRA ROY

JUDGEMENT

(1.) THE short question raised in this appeal is whether the learned Motor Accident Claims Tribunal was justified in fixing contributory negligence to the extent of 50% on the claimant Pritam Majumder.

(2.) THE undisputed facts are that the claimant was driving motorcycle No. TR -01 -E -9890. When he reached near Garjanban panchayat office, 'truck' bearing registration No. TRL -2782 came from the opposite side. There was a head on collision between the two vehicles wherein the claimant sustained serious injuries. The claimant filed a claim petition and the learned Tribunal assessed the compensation at Rs. 5,98,715/ -. However, it only awarded 50% of that amount to the claimant on the ground that the claimant had been equally negligent in the accident. Aggrieved by this award, the claimant has filed the present petition.

(3.) THE learned Tribunal mainly relying upon the fact that the driving licence of the claimant has not been produced on record and also in view of the fact that there was a head on collision between the parties has come to the conclusion that the claimant was equally responsible for the accident. While doing so, the learned Tribunal has also relied upon the statement recorded in the police report that there was a head on collision. Merely because there was a head on collision does not mean that both drivers have to be held equally responsible for the accident.