TINKHUMA DARLONG Vs. MD. SAIBUR RAHAMAN AND ORS.

JUDGEMENT

(1.) This appeal by the owner -cum -driver of Auto Van No. TR -02 -B -1680 is directed against the award dated 27th February, 2012 passed by the learned Member, Motor Accident Claims Tribunal, North Tripura, Kailashahar in Case No. TS(MAC)08 of 2011 whereby the learned Tribunal awarded Rs. 1,21,086/ - in favour of the claimant by holding the Auto Van driver liable to pay compensation to the extent of 70%.

(2.) The admitted case is that the claimant was driving a motorcycle from Dharmanagar to Kailashahar and one person was sitting as a pillion rider on the motorcycle. There was a head on collision between this motorcycle and Auto Van No. TR -02 -B -1680. The claimant suffered injuries and filed the claim petition.

(3.) The learned Tribunal with regard to the accident held that the motorcycle dashed on the front side of the Auto Van and came to the conclusion that the accident occurred due to negligence of both the parties. Once he had held while giving this finding that the negligence had occurred due to fault of both the parties he could not have while determining the compensation held that the Auto Van driver was liable to pay 70% because that finding should have been given in the finding regarding negligence itself. I have carefully gone through the evidence and I am of the considered view that both the drivers were equally at fault and, therefore, compensation should be apportioned 50 : 50.