MOHD ISRAJ Vs. DHARAMBIR

JUDGEMENT

(1.) The Appellant Mohd. Israj impugns a judgment dated 18.10.2010 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby a compensation of Rs.73,672/- was awarded for the injuries suffered by him in an accident which occurred on 25.05.2008. While awarding the compensation the Claims Tribunal opined that the Appellant also contributed to the accident and thus held the Respondents liable to pay only 50% of the compensation awarded.

(2.) The Appellant suffered fractures of nasal bones, right forearm, left knee, right wrist. His three teeth were partly broken. He was granted compensation under various heads which can be tabulated hereunder:- <FRM>JUDGEMENT_297_ILRDLH22_2012_1.html</FRM>

(3.) It is urged by the learned counsel for the Appellant that the Tribunal erred in holding the Appellant negligent merely on the ground that the Appellant did not possess a driving licence to drive a two wheeler at the time of accident. Reliance is placed on Sudhir Kumar Rana v. Surinder Singh, 2008 AIR(SC) 2405 The learned counsel for the Appellant states that though there was disfigurement as the Appellant lost three teeth, no compensation was awarded for disfigurement to him.