NAMIT VERMA Vs. SAHAB SINGH & OTHERS

JUDGEMENT

(1.) Assailing the award dated 10.02.2009, passed by the 2nd Additional Motor Accident Claims Tribunal, Morena, in Claim Case No.114/2007 on the point of inadequacy of the compensation and the finding of contributory negligence to the extent of 65% - 35%, the injured appellant has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 for an accident took place on 01.04.2006 in which he sustained various injuries and permanent disability.

(2.) The appellant had filed the claim petition under Section 166 of the Motor Vehicles Act, 1988 seeking compensation to the tune of Rs.3,86,00,000/- for the injuries sustained by him. The reply to the claim petition was filed and after recording the evidence, the Tribunal has awarded the total sum of Rs.1,51,431/-. The certificate of permanent disability (Ex.P-53) is available on record. The Tribunal believing the certificate of permanent disability recorded a finding as regard to the permanent disability to the extent of 10% but directed to pay the compensation in lump-sum.

(3.) In the present case the accident has taken place on 01.04.2006 wherein, in a standing truck the injured while driving the car has dashed therein and has received various injuries. The Tribunal after appreciation of the evidence recorded a finding of contributory negligence to the extent of 65% of the truck standing on the road without signals but simultaneously the injured has also found negligent to the extent of 35% because by visualizing the road he has dashed by himself in the said truck. The Tribunal has awarded the total sum of Rs.2,32,970/- but as per the finding of contributory negligence after reducing 35% of the said amount, the total sum of Rs.1,51,431/- has been awarded to the appellant.