SALEEM MOHD. Vs. GANESHA RAM

JUDGEMENT

(1.) The appellant is the owner of a jeep bearing No. RJ-16-T- 007. On 14.09.1996 it was involved in an accident when a twowheeler scooter driven by Ganesha Ram with Bhanwar Lal on the pillion seat collided with the jeep. The jeep was driven by driver Yakub Khan. Two claim petitions, one filed by Ganesha Ram and other filed by Bhanwar Lal who were injured, have been decided by a common award.

(2.) On an appreciation of evidence taking note that the accident took place at acurve and there were bushes which hindered the sight of both drivers the Tribunal has held contributory negligence of both drivers and this has resulted in the awarded amount being reduced qua the appellant.

(3.) With respect to the evidence of contributory negligence learned counsel for the appellant is unable to taint the finding returned by the Tribunal of there being 50% contributory negligence by the driver of the jeep as also Ganesha Ram who was driving the scooter.