K S PRAVEEN Vs. N L MERCY

JUDGEMENT

(1.) A seventeen year old youngster working as a salesman in a local toy shop sustained very serious injuries - fracture L2 and L3 vertebra, abrasion left side of back, full thickness skin loss with bone exposed over posterior aspect of right shoulder, laceration with abrasions over the dorsum of right hand, pinna of right ear avulsed, contusion left parietal region together with tenderness over the lumbar spine - in a road traffic accident which occurred while a bicycle which he was pedalling was hit by a Maruti Van which was insured with the third respondent Insurance Company. According to the appellant the learned Tribunal found that the accident occurred due to negligence on the part of the appellant also to the extent of 50% and fixed only Rs. 70,465/- as the total compensation as against the appellant's claim for Rs. 4 lakhs.

(2.) IN this appeal the challenge is against the finding regarding contributory negligence of 50%, on the appellant's side. The challenge is also against the adequacy of the compensation awarded.

(3.) HAVING anxiously considered the rival submissions addressed at the Bar and having carefully read through the impugned award, we are of the view that though the finding of the learned Tribunal that there was contributory negligence on the part of the appellant is correct, the learned Tribunal erred in fixing the appellant's contribution in the negligence at 50%. On a better assessment of the evidence, we find that the appellant's share in the negligence was only 35%. We modify the finding regarding contributory negligence and find that the appellant's contribution in the negligence was only 35%.