VENKATARAMANAPPA S/O MUNISHAMAPPA Vs. SHASHIKUMAR S.M. S/O BYAVANAHALLI MUNIYAPPA R/AT SIDDANAHALLI VILLAGE BANGARPET TALUK KOLAR DISTRICT

JUDGEMENT

(1.) This appeal is directed against the Judgment and Order passed by the Motor Accident Claims Tribunal, Bangalore, [the Tribunal', for short] in MVC No. 6108/2011.

(2.) Briefly stated the facts are:

(3.) Learned Counsel for the Appellants contends that the documents on record clearly establish that the accident in question occurred due to the sole negligence of the driver of the offending vehicle. The Tribunal, without appreciating these aspects, attributed 10% contributory negligence on the part of the deceased. The Tribunal proceeded to fix the contributory negligence on the deceased Venkatamma based on the admission said to have been made by PW.l. PW.1-husband of the deceased Venkatamma is an illiterate person. In the cross examination, he had deposed that deceased Venkatamma, while crossing the road in the rain, met with the road traffic accident due to the actionable negligence of the driver of the offending vehicle, but however, she had not looked at the vehicles coming on the road. This statement is only a faux pas which cannot be given probative value, as much as, the illiterate agriculturist is concerned. Accordingly, he seeks that no negligence can be fixed on the deceased Venkatamma.