RAI KUMAR Vs. JAISHANKAR AND ANOTHER

JUDGEMENT

(1.) The appeal has been preferred by the claimant questioning the quantum of compensation of Rs. 10,16,000/- awarded for the disability sustained by him in the accident occurred on 17.12.2010 in which his left leg was amputated below his knee.

(2.) There is no appeal by the Insurance Company questioning either the quantum of compensation or the liability, whereas, only the claimant has come before this Court challenging the inadequacy of the quantum of compensation.

(3.) The case of the appellant is that on 17.12.2010 at about 2:30 p.m. when the claimant was crossing the road in his two wheeler, a Bolero car bearing Registration No. TN 23 AC 6751 belonging to the first respondent came in a rash and negligent manner and hit against the claimant. Due to this, the claimant had suffered severe injuries in his head and left leg. Therefore, the claim petition. On contest, the Tribunal held that the accident had occurred due to the negligence on the part of the claimant as well as on the part of the driver of the car and hence fixed 50% negligence on the side of the claimant and 50% on the side of the driver of the car and awarded a sum of Rs. 5,08,000/- towards total compensation to the claimant. Against the said award the claimant is before this Court.