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2021 Supreme(Ker) 540

A.BADHARUDEEN
BALAN R. S/O. RAMAN – Appellant
Versus
ABHIRAJ R. – Respondent


Advocates Appeared:
For The Appellant : SRI.A.N.SANTHOSH
For The Respondent: SRI.R.AJITH KUMAR VARMA

JUDGMENT :

The petitioner in O.P(MV) No.203 of 2011 on the files of the Motor Accidents Claims Tribunal, Pathanamthitta is the appellant herein and he impugns the award dated 10.06.2014 passed by the Tribunal. The respondents in the Original Petition were arrayed as the respondents herein.

2. Heard both sides.

3. Brief facts of the case : The petitioner, who was a pedestrian standing on the side of K.P Road, near KSRTC Junction, Adoor, was alleged to be hit down by a Maruti car bearing Reg.No.KL-26/A-1819, driven in a rash and negligent manner by the 1st respondent who was the driver of the Maruti car. The petitioner would contend that he sustained very serious injuries. Consequently, he was treated also. The petitioner claimed Rs.2 lakhs from the Tribunal.

4. On anxious consideration of the matter based on available evidence, the Tribunal fixed Rs.1,60,580/- as the amount of compensation entitled by the petitioner. However, the Tribunal granted only Rs.80,290/- (50%) on finding 50% contributory negligence on the part of the petitioner.

5. The learned counsel for the appellant/petitioner disputed the finding of the Tribunal on 2 grounds. First of all he submitted that the finding of the

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