B. ANSAR @ ANSAR BASHA Vs. ESAI & COMPANY

JUDGEMENT

(1.) Being dissatisfied with the quantum of compensation of Rs.2,20,000.00 awarded by the Tribunal for the injuries sustained by the appellant in the accident, he had filed the present Civil Miscellaneous Appeal seeking enhancement of compensation.

(2.) Brief facts, which led to the filing of the appeal is as follows:

(3.) Resisting the claim petition, the second respondent insurance company filed counter stating that the appellant being a cyclist has contributed to the accident and he could have avoided the accident if care and caution had been exercised and, thus, the appellant has violated the traffic norms. Therefore, contributory negligence may be apportioned with a greater percentage against the appellant himself. It is stated that the rider of the motorcycle had no valid driving licence at the time of accident and, hence, liability of the second respondent does not exist as per the provisions of the Motor Vehicles Act. The second respondent also denied the age, occupation, monthly income and the nature of injuries sustained by the appellant.