JUDGMENT :

1. The issue involved in this appeal is in respect of contributory negligence.

Brief facts of the case are as under :

2. On 22nd July, 2001 at about 3.15 p.m. the S.T. bus bearing MH-12/FA-1390 was proceeding from Pimpalgaon-Baswant to Shirdi on Ahmednagar-Manmad Highway at that time the deceased Ashok Kolhe was proceeding on his motor cycle from Kopargaon by left side of the road. At Chitrawani centre S.T. bus driver lost his control and due to his reckless driving dashed against the motor cycle resulting into death of Ashok.

3. Respondent nos. 1 to 4 – original claimants filed claim petition before the Motor Accident Claims Tribunal, Kopargaon [for short ‘the Tribunal’] for getting compensation. Considering the evidence on record and after hearing the parties, the Tribunal has awarded compensation. Against the said judgment and order, the appellant – original respondents preferred this appeal.

4. It is the contention of the learned counsel for the appellant that the accident occurred due to negligence of the deceased. The deceased himself gave dash to the S.T. bus. The spot panchnama shows that the dash was given on the driver side of the S.T. bus. The width of the road was