The claimants are the legal heirs of the deceased in a motor cycle accident. The accident occurred on 10.01.2008 at 9.15 a.m. when the deceased was riding a motor cycle. The accident is said to have been caused by another motor cycle coming in the opposite direction driven by the 2nd respondent. Negligence was found on both the riders of the motor cycles; @ 50%. The Insurance Company of the other vehicle alone was impleaded. The Tribunal found 50% negligence on both the drivers. The appeal is against the negligence found on the deceased as also for enhancement.

2. The FIR which is produced as Ext.A1 showed the accused to be the driver, of the other motor bike. The Tribunal looked at the scene mahazar and found the negligence on the deceased also. Going by the decision in Jiju Kuruvilla v. Kunjunjamma Mohan [AIR 2013 SC 2293], there is no justification for the Tribunal to merely look at the scene mahazar and thus brush aside the FIR. Admittedly there is no contra evidence led as to the negligence of the deceased. In such circumstance, this Court does not find any reason to sustain the contributory negligence as found by the Tribunal. The entire compensation would be the lia