Guman Mal Lodha, J. - (1.)THIS appeal is directed against the award dated 15th April, 1982 passed by the Motor Accidents Claims Tribunal, Jaipur in an accident which took place on 4th November, 1979.
(2.)RAMESH Chand alias Chhaganlal met with an accident while driving the motor cycle No. RSL 5457 at about 3.45 p.m. on 4th November, 1979. His younger brother Sualal was sitting behind him on the motor cycle. They started their journey from village Mamoria and they were on the road of Saranpura. There is national highway Jaipur -Ajmer where this road joins.
There is controversy about the actual aspect of accident but, it is common ground that the truck No. MPU 6133 and this motor cycle collided. Chhaganlal died and Sualal sustained injuries. Sualal got fracture of radius bone. Two different claim petitions were filed, but they were consolidated and therefore, a joint appeal has been filed from the common judgment.

(3.)THE Tribunal found that sixty per cent of the negligence can be attributed to the deceased Chhaganlal and remaining to the truck driver.