Suresh Kait, J.

1. Vide the instant appeal, appellant has assailed the award dated 17.04.2010, whereby, ld. Tribunal has granted compensation for a sum of Rs.9,30,440/- with interest @ 7.5% per annum from the date of filing of the petition till the deposit of the amount.

2. It is pertinent to mention here that while awarding the compensation, ld. Tribunal has established that the accident took place due the contributory negligence and the liability of 60% and 40% has been fastened respectively on the appellant and deceased.

3. Ld. Counsel appearing on behalf of the appellant submits that the ld. Tribunal has not considered the evidence on record while fastening the liability of 60%.

4. She submitted that PW2 SI Mukesh Kumar, IO of the case has categorically denied that the Tanker was on the left side of the road on Kattcha portion is contrary to the site plan. As per the site plan, both the vehicles are shown at point ‘A’, which is a Kattcha portion on left side of the road. Therefore, the ld. Tribunal has wrongly relied upon the statement of the PW2 SI Mukesh Kumar that the said vehicle was not on the Kattcha portion.

5. It is further submitted that the offending vehicle was