HARI NATH TILHARI, J.

( 1 ) THIS appeal arises from the judgment and award dated 19. 8. 1988, delivered by Mr. Mohammed Asif, District Judge/member, Motor Accidents Claims Tribunal, Chikmagalur, in motor Vehicle Claim Case No. 157/86 (M. Padmanabha v. Union of India), assessing Rs. 44,600, as total compensation, but declaring the claimant to be entitled to Rs. 33,450, as the compensation, taking the view that there was contributory negligence of the claimant and that was taken to the extent of 25 per cent and on that basis, the award in favour of the claimant-appellant was for Rs. 33,500 only.

( 2 ) THE claimant-injured, who is the appellant before this Court, had filed the claim petition with the allegations to the effect that on 16. 4. 1986, he was riding on Shimoga-N. R. Pura Road, on the pillion of motor cycle No. CNA 65, which was being driven and on which the rider was the respondent No. 4, Shabeer Ahmed. According to the claimant's case, the said motor cycle had been insured with the respondent No. 5, the insurance company. According to the claimant's case, the respondent No. 4, allegedly was at high speed, notwithstanding the requests of the claimant-appellant to slow dow

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