MUDDU MADHAIAH Vs. MOHAMMED ATIQ AND ORS.

JUDGEMENT

(1.) THIS appeal is directed against the judgment and award dated 22nd October 2012 passed in M.V.C. No. 408/2012 on the file of the Presiding Officer, FTC -IV and Additional M.A.C.T., Mysore ('the Tribunal' for short) being dissatisfied with the compensation awarded by the Tribunal.

(2.) FACTS in brief:

(3.) SRI . P.L. Rajesh, learned Counsel appearing for the appellant submits that, the Tribunal erroneously attributed 20% of the contributory negligence on the appellant, that resulted in reduction of compensation amount substantially. Immediately after the accident, he was shifted to NIMHANS Hospital, Bangalore from Mysore in an Ambulance. Though he had produced Ambulance bills, same is not considered. The Tribunal failed to appreciate the evidence regarding the Commuted Leave of three months availed by him, which has caused financial loss to him. The compensation amount is not disproportionate to the pain and suffering and the medical expenses suffered by him. Hence, a reasonable compensation may be awarded by absolving him from the contributory negligence attributed to him by the Tribunal.