V ADEEB MENON Vs. MUHAMMED SALIM

JUDGEMENT

(1.) A mechanic previously employed in Saudi Arabia sustained very serious injuries including head injury in a road traffic accident which occurred while the scooter ridden by him was trying to overtake a motorcycle ridden by the first respondent duly insured with the second respondent Insurance Company complains that the Motor Accidents Claims Tribunal did not award him adequate compensation. There is a further complaint that the learned Tribunal wrongly found that the accident occurred due to 40% contributory negligence from his part also. The appellant's claim was for a total amount of Rs. 10 lakhs. The learned Tribunal on evaluating the evidence including Ext.A11 disability certificate issued by PW2 Doctor to the effect that the appellant suffered permanent partial disability of 80% as a result of the injuries he sustained in the accident would conclude that the total amount payable on account of the injuries is Rs. 9,11,000/-. However, in view of the finding that the appellant contributed to the extent of 40% in the negligence resulting in the accident 40% was deducted and the appellant was paid Rs. 5,46,600/-.

(2.) IN this appeal grounds are raised challenging the finding regarding contributory negligence and also the adequacy of the compensation awarded.

(3.) WE have given our anxious consideration to the rival submissions addressed at the Bar. We have carefully read through the award. We have made a survey of the evidence, particularly Ext.A11 Disability Certificate, Ext.A5 discharge summary and Ext.B1 Scene Mahazar. While we can agree to the learned Tribunal that there was some contributions on the part of the appellant also in the negligence which lead to the accident in question, we cannot agree that the appellant's contribution was 40%. We reduce the percentage of appellant's contribution in the negligence to 25%.