DHEERAJ GUPTA Vs. AJAY KUMAR

JUDGEMENT

(1.) The appellant/injured/claimant has preferred this statutory appeal under Sec. 173 of the Motor Vehicles Act, 1988 as amended upto date [MV Act], assailing the quantum of compensation awarded vide impugned judgment-cum-award dtd. 8/4/2015 passed by the learned Presiding Officer, Motor Accident Claims Tribunal, New Delhi [Tribunal].

(2.) Shorn off unnecessary details, the appellant met with an accident on 1/3/2013, when his motorcycle bearing No. DL-4SBY-6546 was involved in a head-on collision with the offending car bearing No. DL-4CAQ-5071, being driven by respondent No.1/Ajay Kumar on the Airport Road near Railway Lane, Sector-01, Palam Colony, New Delhi. He filed a claim petition under Sec. 166 read with Sec. 140 of the MV Act seeking compensation and it was brought to the fore that he had suffered a permanent disability to the extent of 54% as per the medical certificate (Ex. PW-1/11) in relation to right lower limb.

(3.) The learned Tribunal, while holding that the motor accident resulted in grievous injuries as also permanent disability to the claimant, found that it was a case of a head-on collision and based on the site plan prepared by the police during the course of investigation in respect of the accident that resulted in lodging of FIR No. 64/2013 under Ss. 279/338 of the Indian Penal Code, 1860 [IPC] at PS Delhi Cantt., the injured claimant was guilty of contributory negligence to the extent of 50% resulting in the motor accident. Eventually, the appellant/claimant was awarded the compensation by the learned Tribunal under different heads and itemised as under: <FRM>JUDGEMENT_27_LAWS(DLH)3_2024_1.html</FRM>