JUDGMENT :

Award in O.P.(MV) 1292/2006 dated 22.06.2010 on the files of the Motor Accidents Claims Tribunal, Ernakulam is under challenge in this appeal at the instance of the petitioner before the Tribunal. Respondents herein are the respondents before the Tribunal.

2. An interesting question emerges for determination is; Can contributory negligence be found against the driver of the other vehicle involved in the accident solely relying on the recitals in the scene mahazar, ignoring the police charge, attributing negligence only against one driver, in accident cases where two vehicles involved?

3. The short facts of the case :-The appellant, who suffered injuries in consequence of a motor accident occurred on 27.11.2005 at 10.30 p.m., approached the Tribunal and claimed compensation to the tune of Rs.2,32,500/-attributing negligence against the driver of the car bearing registration No.WB 2/L-1243 driven by the second respondent.

4. While opposing the claim, the Insurance Company admitted the policy, but disputed the accident by denying negligence against the second respondent as well as by alleging contributory negligence on the part of the petitioner, who also was riding a motor cyc