JUDGMENT :

1. The present appeal has been filed against the award dated 06.09.2007 passed by the Motor Accident Claims Tribunal, Jaitaran, District Pali (hereinafter referred to as 'the learned Tribunal') whereby although an award of Rs.3,06,500/- has been passed in favour of the claimants but holding the contributory negligence of the deceased, 30% of the awarded amount has been directed to be deducted qua the contributory negligence. Therefore, after deduction as aforementioned, a claim of Rs.2,14,500/- has been awarded in favour of the claimants who are the parents, wife and the five minor children of the deceased.

2. Learned counsel for the appellants submitted that the finding of the learned Tribunal regarding the contributory negligence of the deceased is totally contrary to the record and therefore, liable to be set aside. He submitted that it was not even the case of the respondent owner or the insurer of the vehicle that the motorcyclist was negligent and the accident occurred due to his contributory negligence. No evidence qua the said fact was led by any of the respondents a