UNITED INDIA INSURANCE CO AND Vs. SHAIK SAIBAQTULLA

JUDGEMENT

(1.) This appeal is filed by the third respondent, the Insurance Company, in M.O.P. No. 14 of 1984 on the file of the First Additional District Judge-cum-Motor Accidents Claims Tribunal, Visakhapatnam. In an accident that took place on 17-7-1983 at about 8-30 p.m. near C.R. Reddy Square, Waltair, Uplands, the petitioner in the O. P. was injured as result of which he received several injuries and a total dislocation of the left hip-joint. He claimed a compensation of Rs. 3,40,000.00. The Tribunal, after considering the entire case, awarded Rs. 3,30,000.00 as compensation with interest at 12% per annum from the date of the application with a direction that, Rs. 7,500.00 paid as interim compensation should be deducted from the amount payable. Aggrieved by the same, the Insurance Company filed the present appeal.

(2.) In this appeal Sri S. Hanumaiah, the learned counsel appearing for appellant-respondent No. 3, contends that the Tribunal committed a mistake in awarding Rupees 3,30,000/- out of Rs. 3,40,000.00 claimed. The Tribunal proceeded on the assumption that the permanent disability is 100%, while, in fact, the medical evidence shows that it is only 65%. He also contends that the accident took place as a result of contributory negligence on the part of the petitioner who was riding the scooter. The accident took place as a result of the petitioner's scooter trying to overtake the jeep. No deduction has been given for the contributory negligence on the part of the petitioner. Mr. Hanumaiah further contends that on the whole, the amounts awarded are highly excessive and they have no bearing to the reality of the case and the previous decisions relating to such injuries.

(3.) The cross-objections is filed by the claimant claiming the amount of Rs. 10,000.00which was disallowed in the O.P. and 12% per annum interest from 6-1-1984 to 3-3-1988, the date of the decree.