ASHWANI KUMAR Vs. NARINDER SINGH AND OTHERS

JUDGEMENT

(1.) The present appeal has been filed by the injured-appellant, seeking enhancement of the compensation amount awarded by learned Motor Accidents Claims Tribunal, Ambala (in short 'the Tribunal'), vide award dated 23.1.2010.

(2.) The submissions made by learned counsel for the parties have been heard and record perused.

(3.) Learned counsel for the appellant argued that learned Tribunal erroneously held that it was a case of composite negligence of driver of the motorcycle on which the appellant was travelling as pillion rider and the driver of the car which caused the accident. Referring to the statement of PW4 appellant Ashwani Kumar, learned counsel pointed out that he admitted in his cross-examination that half of the road was closed as it was under repair and the traffic of both sides was moving on the side of road on which the motorcycle of the claimant-appellant was going from the side of Ambala towards Chandigarh. In such a situation the offending car which was coming from the side of Chandigarh and was on the wrong side of the road ought to have been careful and cautious and there could be no fault on part of driver of the motorcycle, who was going on his left side of the road. The statement of the claimant remained unrebutted by the respondents as the driver of the car did not appear in the witness box.