1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. First Appeal No.783 of 2009. Malik Mohammadbhau Budhwani VS. Smt. Pramila Wd/o Vishwanath Meshram and anr. Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Mr. A. A. Naik, Advocate for the appellant. Coram : A.H. Joshi, J. Dated : 13th July, 2009. 1. The appellant has been held responsible for tortuous liability towards contributory negligence to the extent of 10%, and ordered to pay an amount of Rs. 27,650/-. 2. The finding of contributory negligence based on the fault of the driver of the appellant is based on the evidence namely the vehicle was kept parked without any indication of brake down such as keeping a stone or a reflector or other highlighting marks for visual notice. 2 3. In these premises, the apportionment to the tune of Rs.10% cannot be regarded as unjust and unfair. 4. The appeal has no merit and is dismissed. 5. In view of this, Civil Application No.1623 of 2009 does not survive. JUDGE /Muley/