JAGDISH Vs. ABDUL SHAKIL

JUDGEMENT

(1.) Being aggrieved by an award dated 12.10.2011 passed by Second Additional M.A.C.T., Ratlam in Claim Case No. 37 of 2011, whereby the claim petition filed by appellant was allowed and compensation was assessed at Rs. 1,50,000 out of which 25 per cent amount was deducted on account of contributory negligence and Rs. 1.12,500 was awarded, the present appeal has been filed. Short facts of the case are that the appellant filed a claim petition alleging that on 13.9.2009, appellant was going on motorbike, at that time tractor bearing registration No. MP 43-AA 3092 which was being driven by respondent No. 1 rashly and negligently, owned by respondent No. 2 and insured with the respondent No. 3, dashed the appellant as a result appellant sustained fracture of tibia and fibula in right leg. It was prayed that claim petition be allowed and compensation be awarded. The claim petition was contested by the respondent No. 3 on various grounds including on the ground that the appellant was equally liable for the accident. It was prayed that claim petition be dismissed.

(2.) After framing of issues and recording of evidence learned Tribunal assessed the compensation of Rs. 1,50,000 break-up of which is as under:

(3.) Learned counsel for the appellant submits that the appellant was hospitalised for a period of 12 days at Baroda, as the appellant sustained fracture of tibia and fibula where he was operated and rod was inserted. It is submitted that looking to the injuries amount awarded is on lower side. It is submitted that on findings regarding contributory negligence criminal case was registered against respondent No. 1. Apart from this respondent No. 1 did not turn up in the witness-box, therefore, there was no justification on the part of the learned Tribunal to hold the appellant liable to the extent of 25 per cent. It is submitted that appeal be allowed, amount be enhanced and findings regarding contributory negligence be set aside.