RAJESH PANCHAM Vs. RAJESH KULDEEP

JUDGEMENT

(1.) The present appeal under Section 173 of the Motor Vehicles Act has been filed by the claimant seeking enhancement of compensation against the award dated 01.10.2011 passed by the 3rd Additional Motor Accident Claims Tribunal, Durg (in short, the Tribunal) in Claim Case No.282/2011. Vide the said impugned award, the Tribunal has awarded a compensation of Rs.90,720/- after assessing contributory negligence of 70 percent towards the driver of the Car in which the claimant was travelling.

(2.) The appellant challenges the award on the ground that the assessment of contributory negligence is erroneous and the same deserve to be set aside. It was the contention of the appellant that the percentage of disability assessed by the Tribunal is also on the lower side considering the fact that the appellant had received fracture on left Patela of knee and it had to be operated upon and the percentage of disability assessed by the doctor was 40 percent and there was no justification for the Tribunal to have reduced it to 10 percent. Further, the compensation awarded under the other heads also deserve to be suitably enhanced. The claimant also should had been granted interest from the date of application and not from the date as mentioned by the Tribunal and that there is no justification for not granting interest from the date of application.

(3.) None for the respondents though served and represented.