LAWS(MPH)-2010-1-37

SURESH Vs. IQBAL KHAN

Decided On January 28, 2010
SURESH Appellant
V/S
IQBAI KHAN Respondents

JUDGEMENT

(1.) This appeal is filed by the appellant under section 173 of the Motor Vehicles Act against an award dated 9.4.2008 passed by learned Fifteenth Additional Member, M.A.C.T., Indore, in Claim Case No. 241 of 2007. By the im-pugned award the learned Claims Tribunal has awarded a total sum of Rs. 40,730 by recording the finding of contributory neg-ligence with interest to the appellant by way of compensation towards the injuries sustained in the accident which occurred on 19.2.2007.

(2.) Appellant had preferred a claim peti-tion under section 166 of Motor Vehicles Act, seeking compensation to the tune of Rs. 7,75,000. According to the appellant compensation awarded by the Tribunal is meagre and deserves enhancement. There-fore, by filing the appeal inadequacy of the compensation has been assailed.

(3.) Brief facts of the case are that when the appellant was driving his Maruti van going from Tarana to Indore a jeep bearing registration No. MP 09-S 2348 came from other side, which was driven rashly and negligently, dashed against appellant's car from front side. On account of said acci-dent the appellant has received fracture of tibia and fibula of left leg, thus a rod was inserted by way of operation. It is alleged by the appellant that due to said accident permanent disablement to the extent of 8 per cent was found by the treating doctor. The Tribunal, after going through the evi-dence and the material available on record, recorded the finding of contributory negli-gence of appellant as well as jeep. The Tribunal has granted total compensation of Rs. 40,730 bifurcating into various heads like Rs. 19,730 towards medical expenses, Rs. 10,000 for pain and suffering, Rs. 3,000 for special diet, Rs. 5,000 for loss of wages and Rs. 3,000 for non-pecuniary damages. But because of the finding of contributory negligence total compensation of Rs. 20,365 has been allowed in favour of appellant.