R.M.CHHAYA,J. - (1.) The present appeal is directed against the judgment and award rendered by Motor Accident Claims Tribunal (Main), Amreli in Motor Accident Claims Petition No.123/00 on 23.06.2016, whereby while partly allowing the claim petition filed by the respondents herein, the Tribunal awarded an amount of Rs. 7,66,200/- and assessed contributory negligence of the deceased to the tune of 20% and by deducting an amount of Rs. 1,53,240/-, the Hon'ble Tribunal was pleased to allow the claim of Rs. 6,12,960/- and pass consequential order for disbursement of the amount to the claimants. The appeal came to be admitted vide order dated 10.02.2017.
(2.) Heard Ms. Vasavdatta Bhatt, learned advocate for the appellant and Mr. Hemal Shah, learned advocate for the respondents claimants and also perused the Record and Proceedings of the Tribunal.
(3.) Ms. Bhatt, learned counsel appearing for the appellant mainly and predominantly contended that the Tribunal has erred in coming to the conclusion that the contributory negligence of the motorcyclist was 20% and that of the vehicle of the appellant to be 80% without any basis and without appreciating the evidence such as FIR and panchnama. According to Ms. Bhatt, considering such evidence adduced and the manner in which the accident has occurred, which can be culled out from the panchnama as well as the FIR lodged, contributory negligence should have been assessed at 50% for both the vehicles.;