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Judgment
R.K.Gauba, J
The appellant was the claimant before the tribunal in a motor accident claim case (Suit No.771/10), instituted by her on 12.04.2007, seeking
compensation for the injuries suffered in a motor vehicular accident that took place on 25.02.2007. The tribunal, by judgment dated 06.01.2012, held
the second respondent, the driver-cum-owner of the motorcycle bearing registration No.DL-3S-AN-1090 to be negligent. It, however, also found the
claimant to be guilty of contributory negligence since she had attempted to cross the road from a place where there was no zebra-crossing available,
and assessed the contributory negligence to be to the extent of forty per cent (40%) and, thus, while computing the compensation in the total sum of
Rs.3,00,000/-, directed the first respondent, the insurer of the offending vehicle, to pay only sixty per cent (60%) of the said amount.
The appeal is pressed only on the question of contributory negligence.
Having heard the learned counsel on both sides, this court is of the view that in the given facts and circumstances, the contributory negligence
deserves to be reduced to ten per cent (10%).
Ordered accordingly.
The insurance company is directed to pay Rs.2,70,000/-(Rupees Two Lacs Seventy Thousand Only) as compensation with corresponding interest.
The insurance company is directed to satisfy the modified award by requisite deposit of the balance of its liability with the tribunal within thirty days.
The appeal stands disposed of in above terms.