Smt. Mayamma vs Siddaiah And Ors. on 1 January, 2003
9. Per contra, learned counsel for Insurer, inter-
alia, contended and submitted that, the Tribunal has
erred in fixing the contributory negligence at 5% and it
is liable to be enhanced, on the ground that, appellant
himself has invited trouble by standing on the foot
board of the maxicab and he fell down due to his
negligence only. Further, he submitted that, the
Tribunal ought to have fixed contributory negligence at
50% on the part of the appellant, in view of the law laid
down by the Division Bench of this Court in the case of
Mayamma Vs. Sri.Siddaiah and another reported in
ILR 2003 Karnataka 1179 and in the case of Smt.
Shivleela and others Vs. Karnataka State Road
Transport Corporation by Managing Director,
Bangalore reported in ILR 2003 Karnataka 3602.
8
Further, he submitted that the Tribunal is justified in
assessing the income of the appellant at `3,500/- per
month and the compensation awarded by the Tribunal
under other heads is on higher side and is liable to be
reduced by modifying the impugned judgment and
award passed by the Tribunal.