MOHD SALEEM Vs. CHANDER

JUDGEMENT

(1.) THERE is a delay of 178 days in filing the Appeal. For the reasons stated in the application, the delay of 178 days in filing the Appeal is condoned. The Application is allowed. The Appeal is for enhancement of compensation of Rs.2,17,000/- awarded in favour of the Appellant for having suffered injuries in a motor accident which occurred on 16.02.2008.

(2.) ON appreciation of evidence, the Motor Accident Claims Tribunal (the Claims Tribunal) found that the accident was caused on account of contributory negligence of the Appellant. The Appellant suffered fracture of right shaft femur which was fixed with implant. Because of restriction of movement in right hip and right leg, the Medical Board of Hindu Rao Hospital issued a Disability Certificate Ex.PW-2/A declaring the Appellant to be physically disabled to the exent of 55% in respect of his left lower limb. The compensation of Rs.4,34,000/- was computed and since the Appellant was held to be contributory negligent, a sum of Rs.2,17,000/- was awarded as compensation with interest @ 7.5% per annum. The compensation awarded is tabulated hereunder:- Sl. Compensation under various heads Awarded by the Claims No. Tribunal

(3.) IT is stated that the compensation towards loss of amenities in life may be suitably awarded. NEGLIGENCE:-