1. - This appeal has been preferred under Section 173 of the Motor Vehicles Act against the judgment and award dated 17.8.2007 passed by the Judge, Motor Accident Claims Tribunal (Labour Court), Sri Ganganagar in M.A.C.T. Case No. 76/2005.

2. The short facts of the case are that the claim petition was filed on 11.1.2004 on the ground that the claimant was going on the motor cycle from Punjab side to Sadulshahar. At 12.30 noon, near canal link channel, respondent no.1 was driving the truck No. RJ 13-G 2285 in rash and negligent manner and hit the motor cycle, as a result of which the claimant has sustained injuries. FIR has been lodged at the concerned police station. Challan was also filed against respondent no.1 and the claimant filed a claim petition for appropriate compensation which was partly allowed by the learned Tribunal and 40% liability has been fastened on the claimant holding that the accident was caused due to contributory negligence of the claimant.

3. The contention of the present appellant is that the learned Tribunal has committed error in holding 40% negligence of the appellant. The learned Tribunal has categorically gave a finding that the accident was cau