' APPELLANT .A. iC) N0.447 OF 2009 Ashok Kumar Dharma, Son of Shri ChhoteJa! Dharma^ aged abou? 48 years, R/o Khurd, Tahsll MaSkharod, Dlstrict Janjgsr- Champa (C.G.) Through: General Power of Attorney, Surajbhan Agrawal, S/o Shri Indermai Agrawal, R/o LaiJunga, Tahsil Gharghoda, District Raigarh (C.G.) Versus 1. Narayan Stngh Parihar, Son of LaRhan Singh Parihar, R/o Near Jain Mandir. Oarogapara; Ralgarh, Tahsil and District Ralgarh (C.G.) (Vehide Owner) 2. Shiv Kumar, S/o RamJat; aged about 23 yea.rs, R/o Yadunandan Nagar, Bliaspur; TahsiS and Dsstrlct Bllaspur (C.G.) (VehJcle Driver) 3. The Orientat Insurance Company Ljmited, Through : Branch Manager, ttwari Bazar, Rajgarh, Tahsil and Dlstrict Ralgarh (C.G.) Present : Shri Rakesh Sahu, counse! for the appellant. Shri Anumesh Shrivastava, counsel for respondent No.1. None for respondents No. 2 & 3. Ap^^LiJNDERSECTiONJZ30F_THEiflOT^_VEHiCLES ACT.1S88 (Sinaie Bench: Hon'bSe Mr. N.K. Aaarwal. J.) (Passed on 5th day QfAprl!, 2010) This ss claimant's appeal seeking enhancement of compensation in the award dated 14-01-2008 passed in Claim w Case No. 100/2006 by Motor Accident Ctaims Tribuna!, Raigarh. Distt. Raigarh (for short 'the Tribunai') whereby and whereunder an amount of Rs.34,500/- has been awarded m favour of the claimant/appeljant for damage to his vehicie jn the accident as compensation along with Interest @ 6% per annum from the date of appiication till its recovery holding respondents liable to pay compensation jointiy and severally. 2. The facts briefiy stated are as under: On 28-06-2005, the vehicle owned by appellant/claimant i.e. Mahendra Bujero Jeep bearing registration No. C.G. 11-B 4577 met w/ith an accident with Mahendra Plck-up bearing registratjon No.C.G. 13-A/4132 owned by respondent No.1 being driyen by respondent No.2 at the time of accjdent and insured by respondent No.3, as a resuit of w/hich appeilant's vehicie l.e. Mahlndra Buiero Is damaged. 3. The appellant has flled an application under Section 1 66 of the Motor Vehjcles Act (for short !the Act') claiming compensatjon of Rs.2,24,898/- for damages caused to his vehicle in the said accident. 4. Learned Tribunal on ciose scrutiny of evidence ied, materiai placed and submissions made, held that both drivers i.e. driver of Bulero Jeep and the driver of van (pick-up) equally responsible for the sald accident; assessed the compensation towards damages to Bulero Jeep as Rs.69,000/- since both drivers are held to be equalty responsibte for the sajd accidert, awarded 50% of it i.e. Rs.34,500/- as compensatson to the appeitant/clajmant a(ong with interest @ 6% per annum agalnst the respondents. 5. Learned counsel for the appellant would contend that the iearned Tribunal has wrongly held appejiant's driver ajso responsibie for the said accident and has thus erred In deducting 50% of the compensatjon on account of contributory negfigence of appetlant's driver. ^€/ 4^,^^^W^ % Kvr 6. I have heard Searned counsej for the parties and perused the award impugned and record ofthe Tribunal. 7. Undisputediy, the police have filed challans against both the drivers i.e. Shlv Kumar and Shravan Kumar. Both drivers have admitted their guilt. The Magistrate fined them to the extent of Rs.1000/-. The said admlssion of the driver is admissible under Section 18 of the Evidence Act. The iearned Tribuna! after taking jnto consideration the above admission of guijt as wejl as the fact that the appeilant did not examine his driver Shravan Kumar as witness, heid both the drivers responsible for the said accident also he!d the said acddent occurred due to the head on coilusion between both the vehictes and accordingly aforesaid amount has been awarded In favour of the appeliant. 8. The aforesaid findings recorded by the Tribunal are finding of fact. The appeilant could not dispute the aforesaid finding. in view of above, 1 do not find any substance in the plea raised by theappellant. 9. No other points have been raised. 10. !n view of above, the appeai being devold of substance Is liable to be and is hereby dismissed. -—^- -^^-— N.K. Agrawal Judge