BASHEER Vs. M V FRANCIS

JUDGEMENT

(1.) THE appellant, a cooli, who sustained several injuries - lacerated wound 1.5x1 cm bone deep over ( R) side of the scalp - face;lacerated wound 7x2 cmx1cm right side of face; lacerated wound 7x1x2cm over ( R) shoulder area; lacerated wound 1.5cm x 1cm over ( R) chest wall; lacerated wound 3x1x0.5cm face; compound fracture-dislocation of ( R) knee ; lacerated wound 5 x 1 cm over back of ankle ( R) and abrasions over back of both forearms in a accident which was due to the negligence of the driver of a bus which was caused insured with the 3rd respondent Insurance Company complains that the Motor Accident Claims Tribunal did not award him adequate compensation. He claimed a total amount of Rs. 18 Lakhs and the Tribunal determined the compensation payable at Rs.8,30,000/-. However, as the learned Tribunal also found that there was 20% contribution on the part of the appellant in the accident which led to the injuries, 20% was deducted from out of the above sum of Rs.8,30,000/-.

(2.) IN this appeal, the appellant challenges the finding of the Tribunal regarding contribution on the part of the appellant in the matter of negligence and also adequacy of the compensation awarded by the learned Tribunal. .

(3.) HAVING given our anxious consideration to the rival submissions addressed at the Bar, we are in agreement with the learned Standing Counsel for the Insurance Company that on a few heads including the head of expenses for attendant, the Tribunal has awarded undue compensation to the appellant. However, as the present appeal is preferred by the claimant only, we are inclined to interfere with the rate of compensation awarded by the Tribunal under other heads.