MUHAMMED Vs. ASHARAF

JUDGEMENT

(1.) Claimant is the appellant. He has filed the above appeal challenging the quantum of compensation awarded by the tribunal for the loss and injuries suffered by him in a motor accident.

(2.) His claim was for a sum of Rs. 1,00,000/-. The tribunal awarded him a sum of Rs. 23,300/- with interest fixed, after coming to a finding that he too had contributed to the extent of 60% for the occurrence with the driver of the other vehicle as against whom he claimed compensation. Award so passed by the tribunal is challenged on the ground that the compensation awarded is inadequate.

(3.) Accident took place when appellant was riding on a motorcycle through Aluva-Munnar public road from east to west, at about 12.30 p.m. on 24.9.2004. His bike collided with a private bus driven by first respondent and owned by second respondent coming from the opposite direction. Third respondent was the insurer of that bus. Crime registered on the statement of claimant proceeded against the driver of the bus as accused, but, later, after investigation, the case was referred treating it as an accident. Claimant filed a protest complaint against the driver of the bus, and, on cognizance of offences taken thereof by magistrate that driver appeared and pleaded guilty. Claimant relying on that circumstance imputed negligence on the driver of the bus for the occurrence. Tribunal looking into the materials placed, particularly, the scene of crime stated in the mahazar prepared by police and also the final report, came to the conclusion that claimant had contributed for the occurrence to the extent of 60% and driver of the bus to the extent of 40%. With reference to the loss and injuries suffered by claimant a sum of Rs. 50,119/- was assessed, but having regard to the percentage of contributory negligence found against him for the occurrence, 40% of that sum i.e. 23,300/- alone was found payable and that was awarded as compensation directing the insurer (third respondent) to pay such sum with interest fixed.