NAVINCHAND Vs. STATE OF M P

JUDGEMENT

(1.) This appeal has been directed for enhancement of the award by the appellant against the award dated 23.12.1997 passed by the Sixth Additional Motor Accidents Claims Tribunal, Ujjain in Claim Case No. 101 of 1996.

(2.) Briefly stated, the facts of the case are that on 21.6.1996, the appellant was going on the scooter for supplying khaman to some hotel-owners keeping 18 kg. of khaman on the front footboard of the scooter. When he reached near Saluja Nursing Home, the respondent No. 3 Tejram while driving Government jeep bearing registration No. MP 02-1514 of Mahila & Bal Vikas Vibhag, rashly and negligently dashed against the scooter from behind resulting into the fall of appellant on the ground sustaining fracture of his right leg. The appellant remained hospitalised in Civil Hospital, Ujjain for eight days. According to the medical report, he sustained injuries on his leg, waist and hand. There was shortening of his leg by 2 cm.

(3.) Learned Claims Tribunal, after framing issues, gave finding that the accident did not occur in the manner as described and submitted by the appellant. According to the case of the appellant, his scooter was dashed by jeep from behind, but there was no damage to the scooter at its back side. It got damaged from its front side which probablised the version of the jeep driver according to whom, when he was turning the jeep in the Rest House, which is situated at the left side of the jeep, the appellant came from the left side of the jeep while driving the scooter and could not control the same because of heavy material kept by him on the footboard of the scooter where the brake of the scooter was situated. The learned Claims Tribunal, therefore, held that it was a case of contributory negligence by the scooter driver as well as the jeep driver. The Tribunal has calculated the total amount of compensation of Rs. 73,000 on different heads and awarded 50 per cent of this amount as compensation to the appellant.