G. JEELAN Vs. BABU

JUDGEMENT

(1.) The present appellant was the claimant before the Court of Principal Civil Judge (Sr. Dn) and JMFC-Cum-Member, IV-Motor Accident Claims Tribunal, Hospet (henceforth referred to as the 'Tribunal' for brevity), in MVC No. 755/2008, whose claim petition under section 166 of the Motor Vehicles Act, 1988 was allowed in part by the impugned judgment and award dated 11.02. 2009.

(2.) In the said claim petition he had claimed a compensation of a sum of Rs. 3,80,000/- from the respondents therein towards the injuries said to have been sustained by him in the road traffic accident said to have been occurred on 12.03.2008. He had arrayed the driver, owner and the insurer of the alleged offending vehicle bearing Reg. No. MH-06-AF-0302 as respondent Nos. 1, 2 and 3 respectively in the Tribunal. The Tribunal by the impugned judgment and award has allowed the said petition in part awarding a compensation of a sum of Rs. 4,555/- to the claimant payable by the respondent Nos. 1 and 2 jointly and severally. The said quantum was 50% of the total awarded amount of Rs. 9,110. The Tribunal observing that, there is contributory negligence on the part of the claimant to an extent of 50%, has entitled him to get the said sum of Rs. 4,555/- only. It has exonerated the respondent No. 3-the insurer from its liability. It is the said judgment and award the claimant has challenged in this appeal.

(3.) The main contention of the appellant as well as the argument of the learned counsel for the appellant is that, the Tribunal has not appreciated the evidence and materials placed before it in its proper perspective, which has resulted in it giving a finding that there was contributory negligence on the part of the claimant. Further, it is also the contention of the appellant that the quantum of compensation awarded is far below than the reasonable amount. As such, the same deserves to be enhanced reasonably.