G HARIBABU Vs. UNITED INDIA INSURANCE CO LTD

JUDGEMENT

(1.) THIS appeal by the injured claimant/rider of Scooter is directed against the judgment and award dated 24th August 2005, passed in MVC No.2414/2001, by the Principal Motor Accident Claims Tribunal & Chief Judge, Court of Small Causes, Bangalore, (for short, 'Tribunal' ), on the ground that, the Tribunal is not justified in fixing the contributory negligence in the ratio of 40:60 on the part of the appellant/rider of the Scooter and the driver of the autorickshaw respectively and the same is liable to be modified and also on the ground that the quantum of compensation awarded by Tribunal is on the lower side..

(2.) THE facts of the case as stated in the claim petition are that, at about 4:30 P.M., on the ill -fated day, i.e. on 27 -05 -2001, on 100 ft. road and Sarjapur Road junction, near water Tank, when the appellant was riding the Scooter bearing Registration No.KA -04/E -9169, slowly and cautiously, he met with an accident on account of rash and negligent driving by the driver of Autorickshaw bearing Registration No.KA -02/B -1095. Due to the impact, the appellant fell down and sustained grievous injuries. Immediately he was shifted to St. John's Medical College Hospital, Bangalore, where he was treated as in -patient.

(3.) IT is the case of the claimant that he sustained grievous injuries viz. fracture on both his legs, bilateral closed fracture shaft of femur with vascular injury (R) and abrasions, and injuries to other parts of the body. He was operated on his both legs and rods were inserted to re -unite the fractures. On account of the said injuries, he has taken treatment in St. John's Medical College Hospital, as in -patient and spent reasonable sum towards conveyance, nourishing food and attendant charges apart from medical expenses and therefore, he has to be compensated reasonably.