FAO No.6850 of 2011 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.6850 of 2011 (in MACT No.110 of 2010) Date of Decision : 22.11.2011 Radhey Sham .......Appellant Versus Smt. Radha and others .......Respondents CORAM:- HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. N.D. Achint, Advocate, for the appellant. **** JITENDRA CHAUHAN, J. (ORAL) The appellant has preferred this appeal assailing the findings recorded in the impugned Award dated 7.9.2011, by the learned Motor Accident Claims Tribunal, Karnal, whereby he has been held liable to indemnify the claimants to the extent of 50%. I have heard the learned counsel for the appellant and perused the record. The only question for consideration before this Court is as to whether the accident, which took place on 9.8.2008, occurred due to the contributory negligence of the appellant or not. In the statement of Mehar Singh PW2, who is the eye- witness to the accident, it has come on record that when the 1 FAO No.6850 of 2011 motorcycle was crossing the speed breaker, its pillion rider fell down. The Maruti Car bearing No.HR-31-C-6157, being driven by the appellant, which was following the motorcycle, hit against Ishwar Singh, the deceased. This could have been avoided had he been driving the car carefully and maintaining proper distance. The statement of this witness is in consonance of the contents of the FIR, Ex.P1 and no material contradictions between the two could be proved by the appellant. In view of the above, this Court is of the considered opinion that the learned Tribunal has rightly held the appellant guilty of contributory negligence and fastened the liability upon him also. No other point has been raised. Accordingly, the present appeal is dismissed in limine. ( JITENDRA CHAUHAN ) 22.11.2011 JUDGE atulsethi Note: Whether to be referred to reporter ? Yes/No 2