P. Sam Koshy, J
1. The present appeal under Section 173 of the Motor Vehicles Act has been filed by the owner against the award dated 20.03.2012 passed by the
Additional Motor Accident Claims Tribunal, Bemetara (in short, the Tribunal) in Claim Case No.104/2010. Vide the impugned award, the Tribunal has
awarded compensation of Rs.4,36,000/- along with interest @ 6 percent per annum from the date of application.
2. While passing the award, the liability of payment of compensation has been fastened upon the appellant-owner and has exonerated the insurance
company.
3. The sole ground of challenge by the appellant is that there is an element of contributory negligence which was brought before the Tribunal but the
Tribunal has not property appreciated this aspect and therefore prayed for the award to be suitably modified.
4. The only piece of evidence which is relied upon by the appellant is that of oral statement of Yugal Kishore who was driver of the Tractor involved
in the accident and who has stated that when he was going on road, a matador from the opposite direction came and dashed the Tractor resulting in
accident. Except for the aforesaid oral statement made by Yugal Kishore there has to be no any evidence produced by any of the parties with which it
can be proved that the Tractor had also crossed wrong side of the road when the accident had occurred. Neither was any evidence to show that the
accident occurred on the middle of the road so as to presume that both the parties were equally responsible for the accident.
5. In the absence of any strong evidence in this regard led by the owner, it has has to be presumed that the findings of the Tribunal in not considering
the contributory negligence to be proper, legal and justified.
6. This court thus does not find any strong case made out by the appellant to interfere with the impugned award. The appeal being devoid of merit is
liable to be and is hereby rejected.
