V K VIJU Vs. K T DAVIS

JUDGEMENT

(1.) The appellant was a claimant in MVOP 1439/1998. He sustained injuries in a motor accident while walking through the road on 19/5/98. An autorikshaw driven by the 2nd respondent came and hit behind him causing serious injuries. He was hospitalised and he was in the hospital for more than 40 days. He underwent two operations. According to him he was a conductor earning Rs.4,500/-. A certificate from the employer was also produced. The court below found that the accident occurred not solely due to the negligence of the autorikshaw driver and placing reliance on the scene mahazar, it was found that the accident occurred somewhere in the middle of the road thereby inferring that there is contributory negligence on the part of the appellant also and apportioned the liability equally. A total amount of Rs.37,500/- was awarded and the petitioner was awarded 50% of the same. The vehicle had valid insurance and 3rd respondent was the insurer. The appellant challenges the award mainly contending that the finding that the appellant was also negligent equally with that of the driver is without any basis. He also submitted that the certificate issued by the employer evidencing a monthly salary of Rs.4,500/- was brushed aside by the court below and notional income of Rs.1,500/- was fixed which is clearly unjust and illegal. He further contends that the compensation awarded in the various heads are too low.

(2.) The learned counsel appearing for the 3rd respondent would support the award passed by the Tribunal.

(3.) Heard both sides.