TEJ PARTAP Vs. RAM PAL AND OTHERS

JUDGEMENT

(1.) These appeals have been filed against the award dated 15.4.2005, vide which two petitions relating to the same accident were decided by Motor Accident Claims Tribunal (for short the Tribunal), Kurukshetra. Since there is one award for both petitions, the above appeals are also being disposed of by this single judgment.

(2.) The appellants in both appeals, who were injured in a motor vehicle accident on 22.10.2003, filed the respective appeal for enhancement of compensation granted to them.

(3.) Learned counsel for the appellant argued that the Tribunal erred in holding that there was contributory negligence on the part of the appellant, who was driving a motor cycle (which had not been given a registration number by that time). He submitted that the accident occurred when tractor trolley being driven by respondent No.1 was overtaking another tractor trolley and hit the motor-cycle coming from the opposite side. The motor-cyclist, therefore, could not be at fault as respondent No.1 should have overtaken the other tractor only when the road was clear and sufficient space was available to him for overtaking.