MANISH Vs. SANJAY

JUDGEMENT

(1.) This appeal under section 173 of the Motor Vehicles Act, 1988 has been filed by the claimant against the award dated 23.10.2007, passed by the 15th Member, Motor Accidents Claims Tribunal, Indore, in Claim Case No. 278 of 2006.

(2.) The appellant had filed the claim petition stating that on 16.11.2005 he along with Rama was going on motor cycle No. MP 09-JC 9752 towards Indore, when a Maruti car No. MP 09-HE 1765 came from the opposite direction on the wrong side in a rash and negligent manner and had caused the accident. Appellant was driving the motor cycle and he had received injuries in the accident, therefore, he claimed compensation. The Tribunal disbelieved the evidence relating to the permanent disability and awarded following sum under the different heads: <FRM>JUDGEMENT_2272_ACJ_2011_1.html</FRM>

(3.) Learned counsel appearing for the appellant submitted that the Tribunal has committed an error in recording the finding of contributory negligence and further that the amount which has been awarded by the Tribunal under the different heads is on the lower side and the same deserves to be enhanced.