MAHANTESH Vs. MANAGING DIRECTOR

JUDGEMENT

(1.) Heard learned counsel appearing in both the appeals.

(2.) Factual matrix of the case of the claimants before the Tribunal is that both the claimants were proceeding in a motorcycle and truck came and dashed against both of them and as a result both have sustained injuries and immediately they were shifted to hospital, wherein they took treatment and they spent huge amount for their treatment and hence sought for compensation before the Tribunal.

(3.) Learned counsel for claimant in MFA No.24419/2011 contend that the Tribunal has committed an error in taking contributory negligence of 50% and also contended that disability taken only 10% in spite of had sustained fracture of tibia and fibula that is also comminuted compound fracture and P.W.2-doctor says that there was mal union of both tibia and fibula and hence, disability taken by the Tribunal is on lesser side. There was shortening in the leg i.e. 1 c.m. and apart from that injured was in the hospital for more than three months and compensation awarded on other heads is also meager. The Tribunal has taken income of Rs.4,000.00 p.m. but he claimed that he was earning Rs.6,000.00 p.m. and hence, sought for enhancement of compensation.