K. KALYANI SUBUDHI Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal is filed by the claimants as they are aggrieved of the finding recorded at paragraphs 11 and 12 reducing the compensation by 50%, from Rs. . 21,24,336/- Rs. . 10,62,168/- holding both the driver of the offending vehicle and deceased negligent in answering the contention issue No. 3 regarding contributory negligence.

(2.) Mr. Das, learned Counsel appearing for the respondent sought to justify the finding on the contentious issue No. 3 holding that there is negligence both on the part of the driver of the offending vehicle and the deceased as the deceased was coming from the by-lane to the main road, he ought to have been more careful while taking left hand side curve to the main road. The finding of the Tribunal is supported by the evidence of P.W. 1 driver of the offending vehicle. He has stated that he had applied brake of the bus, for which it skidded for about 5 feet which goes to show that he was driving the bus in a low speed in the crucial juncture, the meeting point of the lane and the main road. He has further deposed that the deceased scooterist did not wear a helmet. If would have wore the helmet, even accident would have occurred, there would not have been severe head injury and the deceased scooterist would not have succumbed to the said injury. Therefore, Mr. Das submitted that the said finding is based on proper appreciation of the evidence on record.

(3.) Relying on the contention of the affidavit, Mr. Das prays for dismissal of the appeal contending that the awarding compensation and apportionment of negligence is perfectly based on the facts and legal evidence on record. The same does not call for any interference by this Court in exercise of its appellate jurisdiction.