R. NAGARAJ Vs. G ANANDA

JUDGEMENT

(1.) This appeal is filed by the claimant challenging the judgment and award dtd. 21/6/2014 passed in MVC No.146/2010 on the file of the Senior Civil Judge and Mact, Kadur, Chikmagalur ('the Tribunal' for short).

(2.) Head the learned counsel appearing for the appellant and the learned counsel appearing for third respondent.

(3.) The learned counsel appearing for the claimant would submit that on account of accident on 31/3/2010, the claimant had sustained comminuted segmental fracture right femur with inter condylar fracture, open comminuted fracture left tibia (both bones), fracture 1st and 2nd metatarsal right foot and fracture proximal phalanx right middle finger with and in support of the claim, doctor has been examined as CW1 through Court Commissioner who assessed 31% for the right lower limb and 21% to the whole body and the Tribunal though taken note of the same, not awarded just and reasonable compensation and the compensation awarded is very meager. The counsel also would submits that the Tribunal has committed an error in taking the contributory negligence of 50% only on the ground that the claimant has not having DL and nothing is elicited from the mouth of PW1 with regard to the contributory negligence on his part in respect of the accident is concerned. Hence, the very approach of the Tribunal is erroneous.