SIDHARTHAN M Vs. FIROSE M A

JUDGEMENT

(1.) THE claimant is the appellant. He sustained the following injuries in a road traffic accident involving a motorcycle in which he was riding on the pillion and an autorickshaw :-

(2.) AS against the claim for a total amount of ` 1,60,000/-, the learned Tribunal awarded ` 52,040/- under various heads.

(3.) HAVING considered the rival submissions addressed at the Bar and having made a quick re-appraisal of the evidence in the case to which our attention was drawn by the counsel, we are of the view that the finding by the learned Tribunal that there was 25% contributory negligence on the part of the rider of the motorcycle is not justifiable. We also notice that the rider's claim has been settled by the Insurance Company. We therefore vacate the finding by the learned Tribunal that there was 25% contributory negligence on the part of the rider of the motorcycle. Necessarily the appellant will be entitled for the full amount of ` 52,040/- awarded by the Tribunal below as compensation.