MOOSAKKUTTY Vs. MUHAMMED

JUDGEMENT

(1.) THE claimant is in appeal. Allegedly while the appellant was travelling by a goods auto rickshaw , he sustained injuries as a bus proceeding behind hit on the rear end of the vehicle. Against the claim of Rs.3 lakhs, the learned Tribunal has awarded a sum of Rs.93,875/ - as compensation after reducing 25% finding that the driver of the goods auto rickshaw by which the appellant was travelling has also contributed to the cause. The reason for fixing contributory negligence at 25% on the driver of the auto rickshaw was that the said vehicle was overloaded. The award is under challenge in this appeal.

(2.) WE have heard the learned counsel for the appellant and the learned counsel appearing for the third respondent - Insurance company who was the insurer of the bus involved in the accident. We have also perused the impugned award.

(3.) THE learned counsel for the appellant further submitted that the compensation awarded by the learned Tribunal under heads such as pain and suffering, loss of amenities in life, by -stander's expenses etc are on the lower side.