6. Having heard the respective counsel for the parties
and also on perusal of the material on record and also
considering the contributory negligence, in the cross-
examination of PW1, she categorically admitted that she crossed
the road where there was no zebra crossing and when such
material is available on record before the Tribunal, when the
claimant crossed the road when there is no provision to cross the
road, the very contention of the counsel for the claimant that
contributory negligence taken is on the higher side cannot be
accepted. However, the counsel for the claimant relied upon the
judgment reported in 2013 (3) KLJ 643 in the case of
SARAVANA vs T KIRAN VINOD KUMAR AND ANOTHER
wherein this Court held that the contributory negligence on the
part of the victim/pedestrian is only 15% and taking of 30% is
reduced. However, this Court has to take note of the material
on record. Here is a case of no provision to cross the road and
also no zebra crossing and after crossing the road divider made
an attempt to cross the road and also she has noticed the
vehicle coming at the distance of one furlong and also admits
that by calculating in her mind, she tried to cross the road before
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reaching the motorcycle and hence, the reasoning given by the
Tribunal is not erroneous and rightly taken the contributory
negligence of 20% and hence, no grounds are made out to
reduce the same.
He has also relied upon decision reported in (Saravana
Vs. T.Kiran Vinod Kumar and another) 2014(4) AKR 243 in
which it is held that, " Claimant had crossed road where he
was not supposed to cross road, rider of offending vehicle
having approached junction had not reduced speed of
vehicle due to which accident occurred, claimant held
guilty of contributory negligence to extent of 15% and rider
of offending vehicle to extent of 85%".