SHANKAR SINGH Vs. MAHESH

JUDGEMENT

(1.) BEING aggrieved by award dated 25th April, 2010 passed by Motor Accident Claims Tribunal, Dhar, in Claim Case No. 112/2011, whereby claim petition filed by the appellant was allowed and compensation of Rs. 2,41,040 was assessed and out of which 25% was deducted on account of contributory negligence on the part of appellant, present appeal has been filed. Short facts of the case are that appellant filed a claim petition alleging that on 6th June, 2010 appellant was going on a motor bike, at that time, Trollar bearing registration No. MP -09 -HF -4438, being driven by respondent No. 1 rashly and negligently, owned by respondent No. 2 and insured with respondent No. 3, dashed the motor bike, with the result appellant fell down and sustained fracture in right leg. It was alleged that disability sustained by the appellant was to the extent of 33%.

(2.) LEARNED Counsel for the appellant submits that after assessing the compensation as Rs. 2,41,000, learned Tribunal deducted 25% on account of contributory negligence which is illegal. Learned Counsel for the appellant submits that the amount awarded is on lower side as on number of heads no amount is awarded and on number of heads amount awarded is on lower side. It is submitted that no amount has been awarded towards permanent disability, while the appellant cannot walk without the support of the stick. It is submitted that the appeal be allowed and compensation be enhanced.

(3.) I have gone through the evidence adduced by the claimant on the issue of injuries sustained by appellant. After taking into consideration all the evidence on record it appears that the compensation awarded is on lower side.