JAGESHWAR DHIWAR Vs. SALIM KHAN AND OTHERS

JUDGEMENT

(1.) The present is a claimant's appeal under Section 173 of the Motor Vehicles Act, 1988, seeking enhancement of the compensation awarded by the First Additional Motor Accident Claims Tribunal, Raipur, on 5.8.2006, in Claim Case No. 11/2006.

(2.) Vide the said impugned award, the Tribunal, in a proceeding under Section 166 of the Motor Vehicles Act initiated by the claimant, has awarded a compensation of Rs. 1,20,000/- to the claimant. However, since there was a finding of contributory negligence, the amount of compensation was reduced by 50% assessing the ratio of 50:50 and thus the total compensation payable to the claimant became Rs.60,000/-.

(3.) It is this award which has been assailed by the appellant-claimant on two counts. Firstly, the finding of the Tribunal assessing the contributory negligence being without any substantive piece of evidence which have come on record is bad in law. Secondly, the award has been challenged on the ground that the quantum of compensation awarded being on the lower side the same deserves enhancement considering the nature of work performed by the appellant-claimant and also considering the nature of injuries he has sustained.