K P UMMER Vs. K CHANDRAN

JUDGEMENT

(1.) AN electrician, the appellant sustained fracture to both bones of right forearm and lacerated injury left eyebrow and upper eyelid in a road traffic accident which according to the appellant was caused by the negligence of the second respondent driver of a lorry which was duly insured with the third respondent Insurance Company. The complaint of the appellant is that the Motor Accidents Claims Tribunal did not award him adequate compensation for the injuries which is sustained in the accident. He claimed a total compensation of Rs. 2 lakhs and his grievance is that the learned Tribunal fixed the total compensation at Rs. 6,750/- and reduced 50% thereof on the basis of a finding that the accident occurred due to the negligence of the appellant and the lorry driver in equal measure.

(2.) IN this appeal, the appellant challenges the adequacy of the compensation as well as the correctness of the finding that there was 50% contribution from his part in the negligence which led to the accident.

(3.) PER contra Sri.Unni would submit that there is no infirmity with the award. All the findings therein are correct and there is no justification for increasing the compensation.