JUDGMENT - C.S. DHARMADHIKARI, J.:---This is an appeal filed by the owner of the vehicle and the Insurance Company against the award passed by the Motor Accidents Claims Tribunal, Sangli dated 12th of December, 1979. It is not disputed that deceased Jagannath died in a motor accident, which took place on 17th of October, 1979 on the National Highway known as Bangalore Pune Road. It appears that the deceased Jagannath was sleeping on the road and the motor truck owned by the appellant No. 1 was coming from Kolhapur side and was proceeding to Pune on 17th October, 1978. Therefore, it is also not disputed that to some extent the negligence of the deceased in sleeping on the road was responsible for the accident. The Motor Accidents Claims Tribunals has assessed contributory negligence of deceased Jagannath to the extent of twenty five percent. The learned Member of the Tribunal after appreciating the evidence on record came to the conclusion that the driver of the truck was driving his vehicle negligently as well as rashly and because of his rashness he could not control the vehicle and therefore the accident took place. This finding is also not challenged in this appeal. What is chal

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