SREEJITH.T.P. Vs. T.K.GANGADHARAN

JUDGEMENT

(1.) THE petitioner in O.P.(MV) No. 1940/2004 on the file of the Motor Accidents Claims Tribunal, Kozhikode, is the appellant herein. He filed the claim petition for the injuries and disability sustained by him in a motor vehicle accident caused on account of the negligent driving of the vehicle by the 1st respondent and insured with the 2nd respondent. After considering the evidence on record, the Tribunal found that the 1st respondent and the appellant are equally responsible for the accident and apportioned the negligence between them as 50% each and fixed compensation of Rs. 40,000/- on various heads as follows: Medical treatment Rs. 6,500/- Incidental charges Rs. 2,000/- Pain and suffering Rs. 15,000/- Loss of amenities Rs. 8,000/- Loss of notional income Rs. 8,000 Transportation Rs. 500/- Total Rs. 40,000/- But, the Tribunal deducted 10% for the contributory negligence and awarded Rs. 36,000/- together with 7% interest and without costs. Aggrieved by the finding on the question of negligence and quantum of compensation, the petitioner before the Tribunal has come up in appeal.

(2.) HEARD counsel for the appellant and counsel for Insurance Company.

(3.) ON the other hand, counsel for the Insurance Company submitted that the Tribunal was justified in apportioning the liability as the appellant did not go to the witness box and the amount of compensation awarded is also proper and just and no interference is called for.