DHARAM PAL VISHNOI Vs. BADRI NARAIN AND OTHERS

JUDGEMENT

(1.) Heard.

(2.) This appeal has been preferred on behalf of injured claimant against the Award passed by Motor Accident Claims Tribunal, and Rajasthan State Co operative Tribunal, Jaipur, vide order dated 7.12.98 whereby the claim of the appellant was dismissed on the basis of finding of negligence against the injured who was driving the motor cycle involved in the accident.

(3.) Learned counsel for the appellant has submitted that the Tribunal has failed to appreciate the evidence on the point of negligence in right perspective as the Tribunal failed to take note of the fact that the offending vehicle(Jeep) left its side and went to extreme right of the road and the motor-cyclist has to take his motor cycle in his extreme right even in 'Kachha', and the jeep came and dashed it causing the accident . The learned counsel also submitted that as both the vehicles are involved in the accident, the negligence is to be assessed in right perspective and the apportionment of liability can only be made on the basis of evidence on the point.