AMAL SARKAR Vs. GOBINDA CHAKRABORTY

JUDGEMENT

(1.) Challenge, limited in nature, is made to the finding of contributory negligence. According to the claimant, the Tribunal erred in holding him negligent and as such liable to the extent of 50%. There is no challenge to other parts of the finding/award.

(2.) The issue of contributory negligence arises out of issue No.1 framed by the Tribunal, which reads as under:

(3.) It is not in dispute that on 15/10/2013, claimant Amal Sarkar, who was riding/driving his motor cycle bearing No.TR- 01-D-6784 was hit by another vehicle i.e. Tata Magic bearing No.TR-01-D-4145. Initially, FIR in relation to the said accident was registered against the drivers of both the vehicles namely claimant Amal Sarkar and Sri Gobinda Chakraborty the owner and driver of vehicle Tata Magic, but investigation revealed the fault to be only that of driver of the later as is evident from the investigation report dtd. 31/7/2014 (Exbt.4).