Motor cycle driver – Contributory negligence -- It cannot be said that the appellant/Motor cyclist was rash and negligent just on the assumption made by the Tribunal that the collision occurred in the middle of the road since the two vehicles were approaching from opposite directions of the road – Further, there is no proof showing negligence on the part of the appellant – Negligence is wholly on the part of the driver of the offending tractor since he was driving the heavier vehicle -- 25% contributory negligence on the part of the appellant set aside.

(SC) Decided on: 11.09.2014