JUDGMENT :

1. The appeal has been raised by the Insurance Company challenging the judgment dated 17.04.2014 in MACP No.151 of 2012 decided by the Motor Accident Claims Tribunal (Auxi.) Narmada at Rajpipla.

2. The Insurance Company has raised the grounds inter alia to challenge the impugned judgment stating that the issue of contributory negligence has not been considered, though, it was pleaded that the claimant himself was driving his motorcycle in rash and negligent manner and the claimant was plying the motorcycle carrying goods in excessive speed, talking on the mobile phone, and the accident had occurred in the middle of State Highway. The oral evidence was recorded of the driver of the Tanker, who has given the evidence that the claimant was plying the motorcycle in excessive speed on the middle of the road talking mobile phone and that the Tribunal failed to consider so. Another ground of challenge is that the Tribunal was required to assess the permanent partial disability for the body as a whole as 20%, and fell in error assessing it as 40%. The amount under the head of special diet, attendance and transportation is on higher side, and further no amount ought to have been gr