GHULAM MOHAMMED, J.

( 1 ) THE injured/appellant filed the present appeal against the award in M. V. O. P. No. 152 of 1992 of the Motor Accidents Claims Tribunal, chittoor, awarding a sum of Rs. 3,59,200 towards injuries sustained by the appellant and applying the theory of contributory negligence on both parties and thus making the respondent liable to pay 50 per cent of the awarded amount.

( 2 ) IT is contended in the present appeal that in the absence of any cogent and categorical evidence and particularly in view of non-examination of the driver of the bus who was solely responsible for the accident and who was the actual person to speak about the accident, the Tribunal ought not to have applied the theory of contributory negligence. It is also contended that the finding of the Tribunal contributing negligence on the injured is unwarranted and unjustified in the given situation. The brief facts of the case are as follows: that on 25. 9. 1991 at about 8. 30 a. m. , the petitioner was proceeding on his Hero honda vehicle and a bus bearing No. TN 23-N 0232 belonging to the respondent driven by its driver in a rash and negligent manner dashed against the petitioner in between Gandhi

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