JEEVAN SINGH Vs. IRSHAD

JUDGEMENT

(1.) BEING aggrieved by inadequacy of the amount awarded vide award dated 28th April, 2009 passed by II MACT, Dewas in claim case No. 134/08 whereby the claim petition filed by the appellant was allowed and compensation was assessed as Rs.1,05,503/- out of which after deducting 30% amount on account of contributory negligence, a sum of Rs.73,900/- has been awarded, the present appeal has been filed.

(2.) SHORT facts of the case are that appellant filed a claim petition alleging that on 22nd October, 2007 at about 5.00 p.m. when the appellant was going on a motorbike with pillion rider Tejpalsing, at the time a Jeep bearing registration No. MP 13 C 3811 which was owned and driven by respondent No.1 and insured with respondent No.2, dashed the motorbike of the appellant, with the result appellant fell down and sustained grievous injuries. Appellant was hospitalized where it was found that appellant sustained fracture of tibia and fibula. Appellant was operated and rod was inserted. There was shorting of leg by 1". Learned Tribunal assessed the compensation as Rs.1,05,503/- break-up of which is as under- <IMG>JUDGEMENT_284_ANDHWR1_2011Image1.jpg</IMG>

(3.) LEARNED counsel for respondent No.2 submits that after due appreciation of evidence learned Tribunal has found that accident occurred because of contributory negligence on the part of appellant. It is submitted that amount awarded is just and proper as there is no proof of income of appellant. It is also submitted that permanent disability of the leg and not of the whole body. It is submitted that appeal be dismissed.